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A COMPILATION 



LAWS 



APPLICABLE TO AND AFFECTING THE 



Board of President.*^ Directors 



ST. LOUIS PUBLIC SCHOOLS. 

WITH REFERENCES TO .JUDICI.\L DECISIONS AND OPINIONS OF ATTORNEYS 
OF THE BOARD, MADE UNDER THE DIRECTION OF 

LEO KASSIEUR, 

Attorneij of the Board. 





By frank W. PEKBLES, 

Of the St. Louis Bar. 



ST. LOUIS: 
NIXON- J ONES PRINTING CO 

1887. 







Copyrighted, 1887, 

by 

THE BOARD OP PRESIDENT AND DIRECTORS 

of the 

St. Louis Public Schools. 



CONTENTS 



PAGE. 

I . Charter of the Board of President and Directors of 

THE St. Louis Public Schools 5 

II. Acts of the Missouri Legislature, Which in Terms 

Affect the St. Louis Public Schools- 26. 

III. Prom THE Revised Statutes of the State op Missouri 

OF 1879 69 

IV. Acts of the Missouri Legislature Passed Subsequent 

to the Revised Statutes of 1879 131 

V. From the Constitution of the State of Missouri 

of 1875 177 

VI. Ordinance of Convention of 1820 195 

VII. Prom the Scheme for the Separation and Re-organiza- 
tion of the City and County of St. Louis 197 

VIII. From the Charter of the City of St. Louis 201 

IX. From the Ordinances OF THE City OF St. Louis . . . . 218 

X. Acts of Congress 227 

(3) 



In making this compilation it has been the design to copy the 
laws literally as they appear in the original publications when the 
same could be obtained. This will account for the want of uni- 
formity in style and the manifest errors appearing in their text. 
But as to the head-lines — they being no part of the enacted 
laws — discretion has been used. In all cases head-lines have 
been supplied when needed, and in some instances they have 
been changed to correspond more closely with the matter under 
them. 
(O 



CHARTER 



BOARD OF PRESIDENT AND DIRECTORS 



ST. LOUIS PUBLIC SCHOOLS. 



AN AC T to establish a corporation in the Gity of St. 
Louis, for the purpose of public education. [Laws Mo. 
1824-35, p. 399.] 

Be it enacted by the General Assembly of the State of 
Missouri, [as follows :'\ 

1. Board constituted — All free white persons residing 
within the limits of the city of St. Louis, as the same now 
are, or hereafter may be established by law, are hereby consti- 
tuted a body politic and corporate, by name and style of the 
board of president and directors of the " St. Louis Public 
Schools," and by that name they and their successors shall 
be k'nown in law, have perpetual succession, sue and be 
sued, implead and be impleaded, defend and be defended, in 
all courts of law and equity, and in all actions whatever; may 
purchase, receive and hold-property, real and personal ; and 
may lease, sell or dispose of the same, and may do all 



6 CHARTER OF THE BOARD. 

other acts as natural persons ; they shall have a common 
seal, and may break and alter the same at pleasure. 

The School Board should deal equitably— " The Board of Public 
Schools is a public body, and ought to deal equitably with all men, 
whether under any legal obligation to do so or not." Atty's Opinion, I, 
Off. Proc. 267. 

But it should not give away the interests entrusted to it — The 

Supreme Court of Missouri thus expresses itself respecting a proposed 
reduction of intei'est on a loan of school funds at the petition of the 
inhabitants of a township: "The welfare of the State is concerned in 
the education of her children. She has provided and is providing means 
for that purpose, not only for those now in existence, but for those who 
may come after them. The fund, as has been said, is a permanent one, 
and if every man, woman and child in a township should petition the 
county court to give it away, that which by law is entrusted to it, for the 
education of its children, it should without hesitation, reject their 
prayer." Scott, J., Veal v. Chariton County Court, 15 Mo. -112, 414. 

A purchaser of school lands, cannot be relieved in equity against the 
payment of a bond given for the purchase money, on the ground that the 
sale was illegal (affirming Brown v. Crawford County, 8 Mo. 640). "The 
party was willing to embark, according to his own showing, in an illegal 
speculation, makes a venture, wins a prize and because it afterwards 
deteriorates in value, he asks a court of equity to relieve him from the 
consequences of his own folly." Bogarth v. Caldwell County, 9 Mo. 358. 
See also Veal v. Chariton County Court, 15 Mo. 412. 

The School Board is an actual as distinguished from a quasi cor- 
poration — The Board of President and Directors of the St. Louis Public 
Schools is an actual, as distinguished from a quasi corporation, incor- 
porated by a public act. Any one, who is a free white citizen residing in 
St. Louis, is by the terms of the charter of the Board, a member of the 
corporation and is thereby presumed to have notice of its rules. McLel- 
lan V. Board, etc., St. Louis Public Schools, 15 Mo. App. 362. 

The Board is not a municipal corporation — The Board of President 
and Directors of the St. Louis Public Schools, school districts and cor- 
porations organized for the purpose of education only, are not municipal 
corporations in the sense of a law approved March 14, 1859 [Laws Mo. 
1859, p. 448], and the acts amendatory thereof [Laws Mo. 1862-3, p. 158, 
and Laws Mo. 1871, p. 109], which declare that no person shall be eligible 
to the office of Justice of the County Court of St. Louis County, who at 
the time of his election shall hold any office under a municipal or rail- 
road corporation created by the laws of the State of Missouri. " A 
municipal corporation is defined by Bouvier to be: 'A public corporation 



CHARTER OF THE BOARD. 7 

created by governmeat for political purposes, and having subordinate and 
local powers of legislation. An incorporation of persons, inhabitants of 
a particular place or connected with a particular district, enabling them 
to conduct its local civil government.' * * * The Board of President 
and Directors of the St. Louis Public Schools is not a corporation created 
for political purposes, nor is it created for the purpose of enabling the 
people of the district named, to conduct its local, civil government, and 
the mere fact that its limits of jurisdiction are the same as that of the 
city of St. Louis, makes no difference in that particular; it is just the 
same as if it had constituted a township or any other district described 
as a school district. * * * And although the particular district is 
separately organized and incorporated by the Legislature, it is no more a 
municipal corporation than is the Board of Directors of any other school 
district in the State." Heller v. Stremmel, 52 Mo. 309, 311. 

"The School Board is a public corporation." See State to use w. 
Tiedemann, 69 Mo. 306, 307. 

Of whom the corporation consists — The Board of President and 
Directors of the St. Louis Public Schools does not, as a corporation, con- 
sist of the Directors of said body, as some seem to suppose, but of " all 
(free white) persons residing within the limits of the city of St. Louis, 
as they now are or hereafter may be established by law." Atty's Opinion, 
III. Off. Proc. 67. See, also, Atty's Opinions to same effect, I. Off. Proc. 
247 and 348. 

See, also, Act of March 17, 1881 [Laws Mo. 1881, p. 207], fixing the 
number of Directors, and prescribing the qualifications of electors there- 
for on page 63 of this compilation . 

Residents of St. Lonis incompetent as jurors in suit wherein School 
Board is a party. — In a suit in which the Board of President and Direc- 
tors of the St. Louis Public Schools was a party an objection was made 
to some of the jury who weVe residents and householders of the city of 
St. Louis, because they were members of the corporation (the School 
Board), and therefore interested. It was held that the objection was a 
valid one. Eberle v. Board, etc., St. Louis Public Schools, 11 Mo. 247. 

"The special act of 1855 relating to jurors in St. Louis county [ap- 
proved March 5, 1855, Laws Mo. 1855, p. 527], was properly disregarded 
by the court in directing a special venire to be summoned outside of the 
city limits. The inhabitants were not competent jurors," in a case where 
the St. Louis Public Schools was a party. Fine v. St. Louis Public 
Schools, 80 Mo. 166. 

Non-resident children not allowed to attend St. Lonis pnblic 
schools — The School Board has no legal right to permit the attendance 
in the schools of the children of non-residents to the exclusion of those 
of residents. " The School Board is a public corporation, embodying by 
the terms of its charter, persons residing within the limits of the city of 



CHARTER OF THE BOARD. 

St. Louis, and none other. For the support of the corporation, property 
and residents within the city alone are taxed. The duties of the Board 
are limited strictly to residents of the city and their children, and the 
powers of the Board are correlative to its duties only. It necessarily fol- 
lows that the powers of the Board and its legal right to use means de- 
rived from taxation of inhabitants of the city for the education of the 
inhabitants of districts outside of the city, would be exceedingly ques- 
tionable, even if it could be done without detriment to children of inhab- 
itants ofithe city." Atty's Opinion, II. Off. Proc. 59. 

2. Powers, in whom vested — The powers of the corpora- 
tion hereby established shall be vested in a president and 
directors, who shall be free white males, at least twenty-one 
years of age, and have resided at least twelve months pre- 
viously to their election in the said city, and who shall be a 
citizen of the United States, and have paid a city tax, and 
who shall be chosen and appointed, as hereinafter directed. 

See Act amendatory hereof relating to qualiflcations of Directors on 
page 29 of this compilation. 

Power and liability of individual directors — Teachers' incompe- 
tency a qaestion of fact — In a personal action against local directors of 
a school sub-district for wrongfully dismissing a teacher, it was held that 
the question of the teacher's incompetency or the existence of other cause 
for his removal is for the jury to determine. In its opinion the court 
said: " The rule is flrmly established, that officers, acting in a judicial or 
discretionary capacity, will not be liable unless guilty of either willful- 
ness, fraud, malice or corruption and not according to their honest con- 
victions of duty. (Schoettgen v. Wilson, 48 Mo. 253.) But where 
trustees, directors or commissioners do acts not within the scope of their 
authority, or are guilty of negligence in doing that which they are em- 
powered to do, or are guilty of ai'bitrary, wanton or oppressive conduct 
they render themselves liable." McCutcheu v. Windsor, 55 Mo. 149. 

Where the president of a board of trustees in that character as trus- 
tee acknowledges a liability, on behalf of such trustees, by a promissory 
note, to pay a liability incurred for the building of a school house — such 
president is not personally liable. Hodges ■;;. Eunyan, 30 Mo. 491. 

A member cannot alter a contract — A single member of a board of 
education cannot alter a contract already made by the Board, unless he is 
previously authorized, or his act is subsequently ratified by the Board duly 
assembled as such. State touse w. Tiedemanu, 69 Mo. 515, citing Barcus 
V. Hannibal, etc., R. Co., 26 Mo. 102; Chambers v. Board, etc., of Camaj-on, 



CHARTER OF THE BOARD. 9 

60 Mo. 370; Johnson v. School District, 67 Mo. 319. "The loose conver- 
sations between members of the Board and the contractor, after the for- 
mal execution of a written contract between the Board and the contrac- 
tor, cannot be allowed to vary the written contract. It would be unsafe 
to both parties to allow such variations." Chambers v. Board, etc., of 
Cameron, 60 Mo. 370, 380. 

A member cannot purchase supplies — Use of supplies thus pur- 
chased, not a ratification of contract of purchase — No action can be 
maintained against a school district upon an order drawn on the town- 
ship treasurer by one or more of the directors of the district, for the price 
of maps, globes, etc., purchased by them for the use of the district without 
authority of the board; nor can an action be maintained against a dis- 
trict upon an order not signed by the clerk of the district. The. 
fact that articles purchased for the use of the school by one or more 
of the directors without the authority of the board, having been used in 
the school, does not amount to a ratiticatiou of the purchase, or impose 
upon the district any obligation to pay for them. Johnson v. School 
District, 67 Mo. 319. 

Appearance to suit may be entered without formal authority of 
Board — Employment of attorney — A school district may enter its 
voluntary appearance as defendant in an action without any order of 
the board made at a formal meeting and entered of record. If the ap- 
pearance be entered by one member of the board with the knowledge and 
consent of the others, tbey cannot, after verdict object to the regularity 
of the proceedings. " Exigencies may arise, even in the concerns of a 
school board, which would compel the immediate employment of an at- 
torney, when delay might prove greatly detrimental to the interests of 
the board. Thompson v. School District, 71 Mo. 495; s. c. 61 Mo. 176. 

Employment of attorney need not be in writing nor formal — The 

contract made in behalf of a school board for the services of an attorney 
is binding, although not in writing and not pursuant to an order entered 
on the minutes of the board. Page v. Township Board, 59 Mo. 264. 

Teacher's employment need not be proved by the record alone — 

Lee's Summit Board of Education directed a sub-committee to employ a 
certain teacher at a specified salary per month, on satisfactory proof of 
his qualifications, etc., without any limitation as to time. The teacher 
was employed for a period of ten months, and this fact reported to the 
board, and an entry was made on its records showing that he was "con 
sidered duly employed by entering into a written contract with the 
board." Still later, the secretary was ordered to " draw articles of agree- 
ment " — wi tout further directions. Held, 1st, that presumably the 
agreement had already been entered into on terms known to the secretary, 
but that as the contracts of school sub-districts were required to be in 
writing the board thought a similar course formal and proper, and gave 



10 CHARTER OF THE BOARD. 

directions accordingly; but that such a direction as to writing was not 
required by law as a condition on which it should take effect; nor was it 
a fair intendment to be derived from the action of the board. 2d. that 
inasmuch as neither the fact of the teacher's employment, nor the author- 
ity of the committee to employ him for ten months, were to be determined 
solely by the resolutions, minutes, etc., of the board, an instruction that 
the resolutions, minutes, etc., showed no such agreement or authority to 
make one, was improper. Wilson v. Board of Education, 63 Mo. 137. 
See also Chambers v. Board, etc., of Cameron, 60 Mo. 370. 

Qnaliflcatious of directors — Test-oath — The case of State v. Neal (42 
Mo. 119) following the case of State v. Cummings (36 Mo. 263 and 4 
Wall. 277) held that in all cases " where the right to exercise any 
trade, calling or profession " was iav^olved a provision requiring an oath 
as a prerequisite was unconstitutional. But in the case of Blair v. Eidg- 
ley (41 Mo. 63), the Supreme Court of Missouri held that a constitutional 
provision of the State requiring an oath as a condition for exercising the 
elective franchise is not contrary to the federal constitution. The attor- 
ney of the Board inclines to the opinion that the case of a candidate for 
school director falls within the scope of the tirst decision above cited. 
Atty's Opinion, I. Off. Proc. 10. 

Qualificatious of directors — Candidate's oath — At an election for 
school director held on November 10, 1870, the member elect had failed 
to take or file preceding such election what was known as the "candi- 
date's oath," for which the eighth section of the second article of the 
State Constitution of 1865 provided in the following language: — 

" No vote in any election by the people shall be cast up for, nor shall 
any certificate of election be granted to any person who shall not 
Avithin fifteen days preceding such electiou have taken, subscribed or 
filed said oath." 

On November 8, 1870, an election by the people was held, one question 
before them being, the rescinding of the section quoted. 

The Attorney of the Board in an opinion rendered December 13, 1870, 
said that it was notorious and a matter of history that the amendment 
rescinding the section was adopted and that, notwithstanding the certifi- 
cates of the Secretary of State and the proclamation of the Governor 
informing the people of the result of the election as provided by law had 
Bot yet been issued, still a candidate at an election taking place after the 
eighth day of November was not required to take or file the oath. The 
proclamation when issued would relate back to the time when the amend- 
ment was carried. Atty's Opinion, I. Off. Proc. 10, 

Qualifications of directors — Payment of a city tax — Dog license not 
a city tax — "While the payment of a city tax is a condition prerequi- 
site, which must be complied with before any party can hold the position 
of Director in this Board, the time of payment is immaterial, provided 



CHARTER OF THE BOARD. 11 

such payment precedes the actual qualifying by the party elect as a Di- 
rector, and that the payment of such a tax at any time, however remote 
from or proximate to such time of qualifying satisfies the condition. * * * 
The payment of a dog license imposed by the city of St. Louis does not 
satisfy the condition of the charter which requires that the Director shall 
have paid a city tax." Atty's Opinion, XL Off. Proc. 366, 381. See, also, 
opinions of several attorneys, II. Off. Proc. 386, 387. 

3. Members, how elected — Qualifications of electors — 

The board of president and directoi's shall consist of two 
members to be elected in each ward of said city, as the 
same now are, or hereafter may be established ; and the first 
election shall be held by the same judges, on the same day 
and at the same time and place, in each of the wards of 
the city, as the election of mayor and aldermen of said 
city; but no mayor or alderman of the city, shall at the 
same time be a member of the board. And no person shall 
vote in the choice of the said directors, who is not a free 
white male person, over the age of twenty-one years, and 
hath resided at least twelve months previously to their 
election in the said city, and who shall be a citizen of the 
United States, and have paid a city tax. 

See Act May 17, 1881 [Laws Mo. 1881, p. 207], fixing tlie number of 
directors of public school boards at one from each ward and prescribing 
the qualification of electors on page 63 of this compilation; also, IV. 
Off. Proc. 125. The reports of committee^, of the Attorney and action of 
the Board in reference to its composition may be found in III. Off. Proc, 
pp. 129, 326, 338, 406, IV, Off. Proc. 89, 125. 

Qaaliflcations of voters — Time, place and manner of holding elec- 
tions — In reference to a coming election of members tlie Attorney made 
a report calling tlie attention of the Board to the law on the subject. He 
said: "Section 1 of article 13 of the city charter provides that the Di- 
rectors of this Board shall be elected by the qualified voters of their re- 
spective wards at an election held for that purpose on the first Tuesday in 
October of each year." [See this section on page 215 of this compila- 
tion.] " Section 3 of article 2 of said charter provides: " [Here follows 
the text of that section with the words, ' or at any other election held in 
pursuance of the laws of this State,^''^ italicised. See this section on 
page 203 of this compilation.] " The qualification of electors as defined 
by the charter of the Board has become impracticable, as the coustitu- 



12 CHARTER OF THE BOARD. 

tional provisions on which such qualiticatiou was dependent have been 
repealed. It may be assumed, therefore, that the above qualifications con- 
tained in the city charter are the only qualifications now prescribed for 
electors of this corporation. It will be seen that no elector can vote 
elsewhere than in the district where his name is registered, and whereof 
he is registered as a resident. The charter of the Board gives to it power 
' to prescribe the time, place and manner of conducting the election of 
members of said Board ' in tlie several wards of the city, and I have no 
doubt that the Board by virtue of this power, if it deems proper, may, 
for the purpose of expediency or economy, throw several election pre- 
cincts in to one, and thus form new election districts." Atty's Report, II. 
Off. Proc. 328. See section 4 of School Board Charter on this page of 
this compilation. See Act providing for number of directors, qualiflca- 
tions of voters, and election districts on page 63 of this compilation. 

Action to determine riglit to hold position of director — Quo war- 
ranto will lie in behalf of the state to determine the right of individuals 
to exercise the office of school director in a school district. State ex rel. 
V. Rose, 84 Mo. 198. 

Judges of election, duties of — Under Rule 2, of the Board, the 
judges and clerlis of school board elections should be sworn and should 
return with the poll-books the evidence thereof. Atty's Opinion, V. 
Off. Proc. 260. 

Interpretation of rule — "Usual election" — The words "usual 
election " in the latter part of Rule 3 of the Board are used in the same 
sense as the words "general election" in Rule 1 and the meaning of the 
proviso is that no special election shall be held if the vacancy occurs 
within ninety days of a general election for school directors. Atty's 
Opinion, III. Off. Proc. 279. 

4. President and powers of Board — The board 
of directors shall elect one of their own members to be 
president ; and the said board of president and directors 
shall have power to judge of the qualifications, elections 
and returns of the members, to prescribe the time, place 
and manner of conductino; the elections of members of said 
board in the several wards of said city, to compel the 
attendance of absent members on the meetings of the 
board, to punish members for disorderly conduct at the 
board, and by the concurrence of two-thirds of all the 
members elected expel a member, but not a second time 



CHAKTER OF THE BOARD. 13 

for the same offense, to make rules for the government of 
their own proceedings, to have charge and control of the 
public schools, and all the property appropriated to the use 
of public schools within the said city, and shall have power 
to make all rules, ordinances and statutes proper for the 
government and management of such schools and property, 
so that the same shall not be inconsistent with the laws of 
the land, and generally to do all lawful acts which may 
be proper or convenient to carry into effect the objects of 
this corporation. 

See note ^'Qualifications of voters — Time, place and manner of holding 
elections.'" — (Atty's Report, II. Off.Proc. 328), on page II of this com- 
pilation. 

Any one who is a free white citizen residing in St. Louis, is by the 
terms of the charter of the Board [Section 1 of this Act on page 5 of 
this compilation] a member of the corporation and is thereby presumed 
to have notice of its rules. McLellan v. Board, etc., St. Louis Public 
Schools, 15 Mo. App. 362. 

Interpretation of rule — Vacancy in presidency — Under a proper 
interpretation of Rule 9, which provides " ' in case of the resignation, 
absence or other cause of disability of the President, the Vice-Presi- 
dent shall do and perform all the duties of the President; ' the resignation 
Of the President leaves the Vice-President to perform his duties during 
the balance of the year for which the officers are elected and there is no 
necessity for the election of any further presiding officer." Atty's 
Opinion, III. Off. Proc. 257, 263. 

Interpretation of rule — " Pursuant to adjournment" — Rule 77 pro- 
vides that "no election of officers shall be held except at a regular 
session or adjourned session held for that purpose." At a meeting held 
"pursuant to adjournment " an election for President of the Board was 
not valid. Atty's Opinion, III. Off. Proc. 263. 

Board, judge of qualifications of members — By its charter the Board 
is sole judge of the qualification and election of its members. Atty's 
Opinion, I. Off. Proc. 10. 

Contested election — Notice of, must be specific — A special com- 
mittee on the contest of A. J. Geraghty for the seat in the Board of Joshua 
Cheevei: is advised by the Attorney, that Geraghty's notice of contest is 
not sufficiently specific, and Geraghty was given time by the committee to 
amend the same by specifying the names of the voters whose ballots are 
charged to have been illegally cast, and the votes charged to have been 



14 CHARTER OF THE BOARD. 

illegally counted by the judges of election, in conformity with the law of 
the State on the subject of Elections. See Report of Committee, I. Off. 
Proc. 335. See Eule 6, Eules and Regulations of the Board as to the regu- 
lations respecting contested elections. 

Contested election — Does ineligibility of candidate receiving 
highest number of rotes work an election of candidate receiving next 
highest number^ — " Without deciding whether, under the present state 
of the law in this country on that subject, the ineligibility of a candidate 
receiving the highest number of the votes cast could in any event work 
an election of the candidate receiving the next highest number, I deem it 
perfectly safe to say that before such result could possibly follow the fol- 
lowing facts must concur: — 

First — The disqualification must be such as attaches to the candidate 
on the day of election, and which is not removable by his own subsequent 
acts. 

Second — The disqualification must be either notorious as a matter of 
law — that is, such of which voters are bound to take notice as a matter 
of law — or else notice of such disqualification must be shown to have 
been brought home to such a number of persons casting their ballots for 
the ineligible candidate that, by rejecting that number, the party having 
received the next highest number would actually appear to be elected." 
Atty's Opinion, II. Off. Proc. 366. 

The candidate, who receives the greatest number of votes, except the 
successful candidate, is not entitled to the office, when the successful 
candidate is ineligible owing to personal disqualifications and such as 
were not patent to voters. State ex rel. v. Vail, 53 Mo. 97. 

Contested election — Person elected must receive majority or plural- 
ity of votes cast — An election having been held upon the assumption 
that the Board should consist of only twenty-eight members, — one from 
each ward ; and the candidate in one of the wards receiving the second high- 
est number of votes demanding a seat, the opinion of the Attorney was 
requested upon the question whether he was entitled to a seat, assuming 
that there should be, under the law, fifty-six members in the Board — or 
two from each ward. The Attorney held that the claimant was not 
entitled to a seat. '* A person to be elected must receive a majority or at 
least a plurality of the votes cast. So far is this carried that when the 
successful candidate turns out to be ineligible, so that his election is 
void, his opponent who receives a minority of the votes cast, is not 
elected. To use the language of the Supreme Court of this State, 'the 
object of an election is to ascertain the choice of the majority.' (State 
ex rel. v. Vail 53 Mo. 97, 117.)" 

" By section 4 of the charter the Board has not only power to judge of 
the qualifications, elections and returns of its members, but also to 
prescribe the time, place and manner of conducting the elections in the 
several wards. I think this gives the Board full power to say when and 



CHARTER OF THE BOARD. 15 

how vacaacies shall be filled, and what particular vacaucies shall be 
filled at any particular election." 

The Board having by resolution ordered an election to fill but one 
vacancy in the ward in which the claimant was voted for and a notice of 
such an election having been officially given, it follows that the election 
was held to fill but one vacancy in the claimant's ward and therefore, he 
not having received the highest number of votes cast was not elected. 
Atty's Opinion, III. Off. Proc. 338. 

nieg'al rules void — " The fact that the rules have to be amended in a 
certain specified manner, and that no amendment of the rules can take 
place in the manner thus prescribed until several sessions of the Board 
have taken place, does not prevent the election of officers viva voce, 
although the rule requires such election to be by ballot. If a vote by 
ballot is illegal, as opposed to the provisions of the Constitution, then 
the Board not only may but must disregard that part of the rule because 
its rules, if inconsistent with the laws of the State, have no binding 
force." Atty's Opinion, III. Off. Proc. 67. The Constitution provides 
that all elections by persons in a representative capacity shall be viva 
voce. See Section 6 of Article VIII. of the Constitution on page 180 of 
this compilation. 

Power of Board — Maj' enforce bond for security of sub-contract- 
ors — " By the act of incorporation, the board is vested with * the charge 
and control of the public schools and all the property appropriated to 
the use of public schools within said city.' It is also empowered ' to 
do all lawful acts which may be proper or convenient to carry into effect 
the object of the corporation.' " The Board has the power to build school 
houses. It has the right to make contracts for their erection. And 
incidental to these powers has the right to exact conditions from its con- 
tractors which shall tend to secure and pay off the material-men and 
laborers. It may, therefore, enforce by action the provisions of a bond 
given it by a builder for the security of sub-contractors. Board, etc., 
St. Louis Public Schools v Woods, 77 Mo. 197; s. c. 6 Mo. App. 590. 

Illustration — A board of education having contracted with a builder 
for the erection of a public school house, took from him a bond condi- 
tioned to secure the faithful performance of the contract. The builder 
having procured materials to be furnished and work to be done on the 
building, failed to pay for them, whereupon the laborers and material- 
men brought their actions to enforce mechanics' liens against the build- 
ing, and obtained judgments, and the board paid the judgments. In an 
action on the bond; Held, that these facts constituted a breach of its 
condition, and the Board was entitled to recover the amounts so paid . 
State to use v. Tiedemann, 69 Mo. 515. 

Extension of city limits vests school property within new limits in 
St. Louis School Board — By the fourth section of the charter, the cor- 



16 CHARTER OF THE BOARD. 

poratioii is to have charge and control of the public schools, and all 
property appropriated to the use of public schools within said city. By 
the seventh section of the act of March i, 1870 [Laws Mo. 1870, p. 488], 
the power and authority of the Board is expressly extended over all ter- 
ritory and population which is, or may hereafter be annexed to the city 
of St. Louis. Hence the beneficial use and ownership of all property 
held by the boards of education of different townships, annexed to the 
city by the act of March 30, 1872 [Laws Mo. 1871-2, p. 462], is vested in 
the School Board of the city of St. Louis by the terms of its own charter 
and the act extending the limits of the city, notwithstanding, the latter 
act does not in express terms vest the legal title of such property in the 
Board. Atty's Opinion, .1. Off. Proc. 247. See seventh section of Act of 
March 4, 1870, on page 41 of this compilation. 

Public School houses not subject to mechanics' liens— A school 
house and lot, the title to which is vested in the board of education, is 
not subject to a mechanics' lien. "The terras of the (mechanics' lien) 
law are sufficiently general to embrace school houses as well as all other 
buildings for public purposes; but the decisions of this court in Dunn v. 
North., etc., R. Co. (24 Mo. 493), and McPiieeters v. Merimac Bridge Co. 
(28 Mo. 465), have restricted these terms of the special St. Louis act — 
and indeed of the general law which uses the same terms — to buildings, 
etc., belonging to private individuals. * * * School houses undoubt- 
edly occupy a position not less favored by the constitution and laws than 
bridges." Abercrombie v. Ely, 60 Mo. 23. 

"The statutes furnish no security to material men or laborers in the 
mechanics' lien law, as against the board, on account of its being a 
a municipal corporation." Board, etc., St. Louis Public Schools v. 
Woods, 77 Mo. 197, 201. 

The School Board not subject to garnishment— It is the opinion of 
the Attorney of the board that it is not liable to be summoned as a gar- 
nishee nor is its real estate subject to mechanics' liens. Atty's Opinion, 
I. Off. Proc. 26. 

Public School property not subject to execution — It would be 
against the policy of our laws to permit the property of a board of edu- 
cation, held for public school purposes, to be taken in execution at the 
suit of a creditor. A sale of such property under execution may be en- 
joined. The beneficial plaintiff, a board of education, is a public cor- 
poration and therefore not subject to the process of execution, at least 
so far as any school building or property is concerned. [I Wag. Stat., 
§36, p. 295; I. Mo. Rev. Stat. 1879, §759, p. 124.] " It has been expressly 
decided by this court, that a school house and lot, title whereof is vested 
in a board of education, is not the subject of mechanics' liens {Abercrombie 
V. Ely, 60 Mo. 23). If not subject to the lien, then not subject to a sale 
to enforce such lien." State to use v. Tiedemann, 69 Mo. 306, 308. 



CHARTER OF THE BOARD. 17 

Use of Public School house for Sunday-school — The board of direc- 
tors of a school district have no power to allow a school house to be used 
for the purposes of a Sunday-school — a use bavins no connection with 
the educational purposes for which the building was constructed. "A 
corporation, it was observed in Blair v. Perpetual Insurance Company (10 
Mo. 559), is not only restricted from making contracts forbidden by 
its charter, but can only m^ke those which are necessary to effectuate the 
purposes of its creation." Dorton v. Hearn, 67 Mo. 301. 

An Act approved March 26, 1881 [Laws Mo. 1881, p. 202, see page 138 
of this compilation], has this provision : "Nothing in this section shall be 
so construed as to prevent the use of any school house for religious, lit- 
erary or other public purposes, when such use shall be demanded by a 
majority of the voters of such district, voting at any annual or special 
meeting where such question was submitted." 

Rules which assume to control pupil at home illegal — Pupil attend- 
ing social party — The school law (Wag. Stat., p. 1264, § 8; II. Stat. 
1879, § 7045 amended ; see page 172 of this compilation,) provides thai the 
board of directors " shall have power to make and enforce all needful 
rules and regulations for the government, management and control of 
such schools and property as they shall think proper * * * not in- 
consistent with the laws of the land." A board of directors having made 
a rule that no pupil should, during the school term, attend a social party 
the plaintiff, a pupil of the school, by the permission of his parents, 
violated the rule, and was expelled for so doing. In an action against 
the directors to recover damages for the expulsion. Held, that under the 
law, they had the power to make needful rules for the government of 
pupils while at school, but no power to follow them home and govern 
their conduct while under the parental eye; that in prescribing the fore- 
going rule they had gone beyond their power, and had invaded the rights 
of parents: but as there was no malice, oppression or willfulness on the 
part of the directors they were not liable in damages. Dritt v. Snod- 
grass, 66 Mo. 286. 

Rule as to absence of pupils, legal — The court will interfere to pre- 
vent the enforcement by a district school board of a rale which mani- 
festly reaches beyond their sphere of action, and relates to subjects no 
wise connected with the management or successful operation of the 
school, or which is plainly calculated to subvert or retard the leading ob- 
ject of our legislation on this subject; but the case should be a plain 
one. A rule which subjects any pupil absent six half days in four con- 
secutive weeks, without satisfactory excuse, to suspension, does not 
belong to either of these classes, and will be enforced by the courts with- 
out inquiry whether it is a reasonable and proper one or not. The court, 
however, is of opinion that such a rule is reasonable and proper. King 
«. Jefferson City School Board, 71 Mo. 628, citing Dritt v. Snodgrass, Q6 
Mo. 286. 
.2 



18 CHARTER OF THE BOARD. 

Rule prohibiting quarrelling and profane language, reasonable — 

A public school teacher, by the very nature of his employment, has the 
right to make needful rules for the government of the school, where the 
directors fail to do so, as authorized by statute [II. Mo. Rev. Stat. 1879, 
§ 7045 amended; see page 172 of this compilation]. 

A rule forbidding pupils from quarrelling and using profane language 
on their way home is reasonable and needful, and the teacher can punish 
them for its infraction. Deskins v. Gose, 85 Mo. 485. 

Rule requiring vaccination, proper — As to the legality of section 1, 
of rule 139 which requires children to be vaccinated as a condition of 
admission to the schools, the Attorney gives it as his opinion " that the 
courts will uphold the right of the Board to adopt and enforce the 
rule as a proper sanitary measure, and within the powers conferred by 
the fourth section of the charter." Atty's Opinion, III. Off. Proc. 319. 

Teachers may be removed for causes over which they have no con- 
trol — Teacher's notice of and consent to rules implied— Section l of 
Eule 133 of the Board is as follows: " The teachers elected at the close 
of the scholastic year shall hold their offices for one year, unless sooner 
removed by a vote of the majority of the Board." It is manifest from 
the object of the Board's incorporation that this rule is reasonable and 
even necessary. There may be causes for the removal of a teacher af- 
fecting the discipline of the school over which he presides, entirely out- 
side of any question of his learning, ability, power of enforcing discipline 
or moral qualities, and outside of his own acts. A teacher in the public 
schools is bound to take notice of the rules governing the schools. It is 
his duty to familiarize himself with the rules ; and his consent to them 
must be implied from his accepting the position of teacher. McLellan 
V. Board etc., St. Louis Public Schools, 15 Mo. App. 362. 

Teachers may be appointed in vacation and on probation — The 

teachers committee has power under the rules to reappoint teachers in 
vacation, and they may, also, appoint teachers on probation. Atty's 
Opinion, IV. Off. Proc. 199, 

Teaclier's conduct towards pupil — Cruel treatment and abusive Ian- 
guage used towards pupils fall within the definition of "incompetency 
or immorality," in the provision of the statute of the State of Missouri 
[II. Mo. Rev. Stat. 1879, § 7083], that a teacher's certificate may be 
revoked for incompetency or immorality. Arnold v. School District, 78 
Mo. 226. 

Corporal punishment — Instructions of the Court of Criminal Cor- 
rection — The Attorney reports the instructions given by the St. Louis 
Court of Criminal Correction in the case of State v. Jeuner, a case where 
the defendant, a teacher in the employ of the Board, inflicted corporal 
punishment upon a pupil. 



CHARTER OF THE BOARD. 19 

^' First, — The Court declares the law to be, that if the defendant, 
Charles Jenner, was at the time of the assault and battery complained of 
teacher in a public school, and the witness, John Farley, was a pupil 
attending said school, and the assault and battery complained of con- 
sisted in the infliction of punishment by way of correction, by the 
defendant while carrying on said school as a teacher, upon the witness 
Farley, as such pupil, then the defendant is not guilty of the assault and 
battery complained of, as there is no evidence before the Court that the 
punishment was such as to inflict lasting injury, or that it was inflicted 
by the teacher from any other motive than that of correcting the pupil." 

" Second, — The Court declares the law to be, that a teacher whom the 
father intrusts with the education of his child, stands in place of the 
father in regard to matters connected with such education, and has 
authority to inflict such punishment on the child as in his judgment is 
necessary for the correction of any particular offense, without causing 
lasting injury to the child. If, therefore, the Court flnds from the evi- 
dence that the defendant, Charles Jenner, in the honest performance of 
his duty as a teacher, inflicted the punishment (which is the assault and 
battery complained of) by way of correction of the witness, John Farley, 
a pupil of the school, then he is not guilty of the assault and battery 
complained of, even though the punishment was disproportionate to the 
negligence or offense of said John Farley, as a pupil." Atty's Report, 
I. Off. Proc. 214. 

Pensions to Teachers — The Attorney of the Board is of the opinion 
that the payment of an allowance in the nature of a pension would not 
be upheld by the courts. Atty's Opinion, V. Off. Proc. 471. 

Loss of pupil's clothing at school — Liability of Board — A pupil 
of the Stoddard School having lost certain articles of clothing, alleged 
to have been stolen from the wardrobe during school hours, the Attorney 
is of the opinion that the Board is not liable for the loss sustained by the 
pupil. "The School Board is only responsible for 'that omission of 
care which even the most inattentive and thoughtless never fail to take 
of their own concerns,' which is termed in law 'gross negligence' — 
for the reason that the Board gratuitously, for the benefit of its pu- 
pils, undertakes the duty of providing a place for the clothing of 
scholars, not required in the school room." See Report of Building 
Committee, V. Off. Proc. 530. 

Board cannot interfere with a dairy in vicinity of school unless it 
is a nuisance — "A dairy, as such, when properly kept, is not a nui- 
sance, and hence the Board has no right to interfere in the carrying on of 
such a business in the vicinity of a school unless filth and uncleanliness 
caused thereby can be shown to exist." Atty's Opinion, IV. Off Proc. 12. 

5. Terms of oflBlce — The members of the board of direc- 
tors, shall be elected for the term of three years, and until 



20 CHARTER OF THE BOARD. 

their successors shall be duly elected and qualified : and one- 
third of the number shall go out of office at the end of 
every year, and for that purpose the board shall cause its 
members to be divided by lot, into three classes, as nearly 
equal as possible. The first class shall go out of office at 
the end of one year, the second at the end of two, and the 
third at the end of three years, so that one-third of the 
board shall be elected every year. And when the estab- 
lishment of new wards in the city shall require the election 
of new members of the board, such newly elected members 
shall be classed accordingly. 

" A member of the Board may qualify at any day during the term for 
which he is elected, within a reasonable time after his election." Atty's 
Opinion, I Off. Proc. 280. 

6. Stated and special meetings — Quorum — There 
shall be four stated meetings of the board in every year, 
the times and places of which shall be prescribed by reso- 
lution or ordinance of the board ; and the president, or 
any three members of the board, may call special meetings, 
by giving one week's notice in writing to the other mem- 
bers of the board; and in all meetings of the board, a ma- 
jority of the whole number elected shall constitute a 
quorum to do business, but any smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers. 

Stated meetings of the Beard are now held monthly. Rule 100, Rules 
and Regulations of the Board. Special sessions may be called by giving 
three days' notice. Rule 101, Rules and Regulations of the Board. 

7. Vacancies, how filled — That whenever a vacancy 
shall happen at the board, by death, expulsion, resignation, 
or removal from the city, of any member, the same shall 
be filled by an election in the proper ward, to be held and 
conducted in such time, place, and manner as shall be pre- 
scribed by the board. 



CHARTER OF THE BOARD. 21 

8. Treasurer and Secretary — Record to be kept, etc, — 

The board shall appoint a treasurer and secretary, and such 
other servants and agents as to them shall seem necessary 
to accomplish the great objects of the corporation, and pre- 
scribe their powers, duties, obligations and compensation. 
They shall cause a true and faithful record to be kept of all 
the acts and proceedings of the board, and shall lay the 
same before the General Assembly, or either house thereof, 
whenever required, and shall lay the same before a general 
meeting of the inhabitants of the city whenever one hun- 
dred qualified electors of the board shall by written appli- 
cation to the board require the same to be done. And for 
that purpose the said board shall have power to call a gen- 
eral meeting of the inhabitauts of the city. And the said 
board of president and directors shall, at least once in 
every year, cause to be printed and published a true state- 
ment of the condition of the public schools under their 
charge, and of all property under their control, and a true 
and fair account of all the money concerns of the cor- 
poration. 

Secretary's bond — Liability of sureties for acts of assistant — The 

Secretary of the Board's bond conditioned, " that he shall well and truly 
and faithfully perform all the duties of his said office as Secretary, as the 
same are now, or may be prescribed from time to time by the rules of 
the Board" will not hold the sureties thereon liable for the default of an 
assistant secretary appointed under a rule of the Board, adopted subse- 
quent to the execution of the bond, reading thus, " ' He (the Secretary) 
shall nominate to the Board, annually, at the regular session in May, or 
as soon thereafter as may be, an Assistant-Secretary, and he shall be 
responsible on his official bond for all acts of such Assistant.' " "The 
liability of sureties is construed strictly, and while the duties of the Sec- 
retary may be increased by rule without discharging his sureties, the lia- 
bility for acts of a third person is in no sense a duty." Atty's Opinion, 
II. Off. Proc. 67. 

Secretary, proper person to be served witli application for renewal 
of lease — Declarations of deceased Secretary, evidence — The Sec- 
retary of the Board of President and Directors of the St. Louis Public 
Schools is a proper person to whom to deliver applications for renewal 



22 CHARTER OF THE BOARD. 

of leases made by said Board with covenants of renewal. The declara- 
tions of a deceased Secretary, made when applied to in behalf of an 
applicant for renewal before the expiration of the time within which 
demand of renewal should be made, are admissible in evidence to show 
that the application for renewal had been received by him as Secretary in 
due time. Blackmore v. Boardraan, 28 Mo. 420. 

9. To take possession of school lands and title therein 
vested — It shall be the duty of the said board, as soon as 
conveniently may be, to take the possession, charge, and 
control of all the lands, or lots in or near the city of St. 
Louis, which have been either received for or granted to 
the inhabitants of St. Louis for school purposes, by any act 
of the Congress of the United States ; and to dispose of 
and apply the same to the purposes of education, under 
the provisions of this act. And to that end the title to all 
such lands and lots (as far as this General Assembly can 
control the same) is hereby vested in the corporation 
hereby created. 

See Act called Permanent Fund Act on page 59 of this compilation. 
Also Act of Congress of June 13, 1812, and subsequent Acts on pages 
227-242 of this compilation. 

10. Depositions of witnesses maybe taken — It shall 
be lawful for said board to cause the deposition of witnesses 
to be taken, touching the title, locality, boundaries, or ex- 
tension of any of the lands, lots, or real estate aforesaid : 
And the manner of taking such depositions shall be conform- 
able to the provisions of the act entitled an act directing 
the mode of perpetuating testimony in this State, passed 
January 22, 1825, except that the application for the com- 
mission or dedimus need not be supported by any oath or 
affidavit; provided, that any person or persons claiming 
property in any of the said lands, lots, or real estate, may, 
upon complying with the requirements of the last men- 
tioned act, proceed to take the depositions in relation 
thereto. And all such depositions, taken on either side as 



CHARTER OF THE BOARD. 23 

aforesaid, shall be filed in the oflSce of the clerk of the cir- 
cuit court of St. Louis county, and the same, or authentic 
copies thereof, shall be legal evidence, and may be read in 
testimony in any suit in which they may be relevant, in any 
court in this State. 

11. Treasurer, Secretary and members shall take 
an oath — The members of the board, and the treasurer 
and secretary, shall, before entering upon the discharge of 
their duties, take an oath before some judge, or justice of 
the peace, well and faithfully to perform the same. 

12. Service of process on Board — In all legal pro- 
ceedings against the said corporation, it shall be a sufficient 
service of the writ, declaration, notice, or other process to 
deliver a copy of the same to the president, or copies to any 
two members of the board. 

Mechanics' liens — garnishment — Public school houses are not sub- 
ject to mechanics' liens. Abercrombie v. Ely, 60 Mo. 23; Board, etc., 
St. Louis Public Schools v. Woods, 77 Mo. 197, 201. The School Board 
is not subject to garnishment. I. Off. Proc. 26. Public school property 
is not subject to execution. State to use v. Tiedemann, 69 Mo. 306. 

Secretary may be served with application for renewal of lease — 

The Secretary of the Board is a proper pei'son to whom to deliver applica- 
tions for renewal of leases made by said Board with covenants of renewal. 
Blackmore v. Boardman, 28 Mo. 420. 

13. This act a public statute — This act shall be deemed 
and taken as a public statute, and may be read and used in 
all courts and places, as other public laws are, without 
proof. And all the statutes, ordinances, resolutions, and 
other corporate acts of this corporation may be proven in 
all courts and places either by a sworn copy thereof or by 
a copy certified by the president or secretary, and authen- 
ticated by the seal of the corporation. And the General 
Assembly reserves to itself the power to alter or repeal this 
act, whenever it shall appear to have failed in accomplish- 
ing the great objects for which it is passed. 



24 CHARTER OF THE BOARD. 

Proof of corporate acts of Board — Proof of the action of the Board 

is not limited to the method referred to in its charter. Chambers v- 
Board, etc., of Cameron, 60 Mo. 370. See, also, Wilson v. Board, etc., of 
Lee's Summit, 63 Mo. 137. 

Official character of school trustees, how proved — The official 
character of school trustees may be proved by their acts and conduct as 
such; the oaths of office filed by them with the clerks of the County Courts 
and their official bonds are competent evidence to prove said official 
character. Eads v. Wooldridge 27 Mo. 251. 

Amendment of charter — The Board is a corporation doing busi- 
ness under a special charter, which the legislature by its own reservation 
may alter or repeal for certain causes only. Therefore an act which is 
highly penal in its character (and for that reason must be strictly con- 
strued) ; that does not specifically name the Board nor can it without a 
forced construction fall within any of the classes named in the act ; and for 
the reason that repeals by implication are not favored ; and that no special 
act is affected by a general law unless the intention to do so is beyond 
doubt, it is clear was not intended to amend the charter of the Board. 
See Atty's Opinion, I. Off. Proc. 348. 

The act above referred to is " An act restricting the liabilities of 
counties, cities, towns, villages, school townships, school districts, and 
other municipal corporations in matters of contract," etc. Approved 
March 27, 1874. See Laws Mo. Adj. Sess. 1874, p. 44. 

14. Repeals former act — The act entitled "an act 
to incorporate a board of trustees for superintending 
schools in the town of St. Louis, passed by the legislature 
of the territory of Missouri," ap[)roved on the 30th day of 
January, 1817, be, and the same is hereby repealed. 

February 13, 1833. 

The Act which the charter of the Board repeals is as follows : — 
An Act to incorporate a board of trustees for superintending Schools 
in the town of St. Louis. [1 Mo. Ter. Laws, 521.] 

Be it enacted by the General Assembly of the Territory of Missouri, [^as fol- 
lows .•] 

1 . Trustees — Powers of the corporation — William Clark, William 
C. Carr, Thomas H. Benton, Bernard Pratte, Auguste Chouteau, Alexan- 
der M'Nair and John P. Cabaune, and such other persons as shall be 
appointed, in a manner and to the number hereinafter directed, shall 
form and constitute a board of trustees for the regulation of schools in 
the town of St. Louis; and the said corporation and their successors, are 



CHARTER OF THE BOARD. 25 

constituted and declared a bodj'^ corporate and politic, and shall have 
full power to take and hold by gift, grant or otherwise, any estate, either 
real or personal, which may be given for the use of schools, and to lease, 
rent or dispose of to the best advantage, all the lands and other property 
which hath been, or may be given by congress to said town for the sup- 
port of schools, and appropriate the same, with the avails of what is 
rented or leased as by law directed, and by themselves or their attor- 
neys to institute, maintain or defend, any suit or suits which shall be 
sued or prosecuted, either in law or equity, for the recovery or defense 
of the said property, as they shall find necessary, to employ teachers, to 
direct the studies of the youth, to make and establish all necessary 
rules, regulations and by-laws for the good government of said schools ; 
2)rovided however, that the rules, regulations and by-laws shall not be 
repugnant to the laws of this territory; mid provided also, that the said 
by-laws shall not tend to give a preference to any religious denomination 
whatever. 

2. Vacancies, how supplied — The said trustees shall have power to 
fill all vacancies which may happen in their number, by death, removal 
or otherwise; and when and as often as they may deem it necessary to 
promote the interest of said schools, to appoint other persons in addi- 
tion to their number; provided however, that the number of trustees shall 
never exceed thirteen. 

3. Meeting of board — Rules — Town property — Buildings — The 

person first named in the board of trustees, be empowered to call the 
first meeting of the board, at such time and place as he may think fit, 
and when convened, the said trustees shall appoint a chairman, and 
adopt regulations for their own proceedings, shall take into consideration 
the state of the grants and donations for the use of schools, and devise 
means for securing the same and of putting them in a state of profit, and 
as soon as the state of the funds which may be appropriated will justify; 
shall erect or procure suitable buildings, and provide the necessary 
apparatus for instruction, and transact such other business as they shall 
find necessary and proper to be done towards establishing schools in the 
town of St. Louis. 

4. Records of proceedings — Report to legislature — The trustees 
shall keep records of their proceedings, and when required, shall lay 
them, with the state of the funds, and appropriations by them made, 
before the legislature of the territory. 

5. Act shall take effect, when — This act shall take effect and be in 
force from and after the passage thereof. 

Approved, January 30, 1817. 



ACTS OF THE MISSOURI LEGISLATURE 



WHICH IN TERMS AFFECT THE 



ST. LOUIS PUBLIC SCHOOLS. 



BOARD MAY LEND MONEY. 

AN ACT supplementary to an act to establish a cor- 
poration in the city of jSt. Louis, for the purpose of Public 
Education, ^^assecZ February 13th, 1833. [Laws Mo. 
1824-35, p. 446.] 

Be it enacted by the General Assembly of the State of 
Missouri \_as follows : ] 

1. Board may lend money, etc. — From and after the 
passage of this act it shall be lawful for the board of 
president and directors of the St. Louis public schools to 
lend the money arising from the sale or lease of the lands 
placed under their charge by law for the purposes of educa- 
tion in that city, from time to time, not exceeding the term 
of one year, at an interest not exceeding ten per cent, per 
annum, on good security, either real or personal, or both, 
until it shall become proper, in the opinion of the board, 
to invest such money otherwise for the purposes of educa- 
tion in St. Louis. 

January 27, 1835. 

The Act of February 13, 1833, is the School Board charter. See page 
5 of this compilatiou. 
(26) 



ACTS IN TERMS APPLICABLE. 27 

Additional security for loans — Where there is danger that real 
estate, mortgaged to a county to secure the loan of school funds, will 
decrease in value, it is the duty of the county to demand additional 
security, and in case of failure to furnish it, to order an immediate sale 
of the property. Ray County to use v. Bentley, 49 Mo. 236. 

QUALIFICATIONS OF DIRECTORS DUTIES NO COMPEN- 
SATION. 

AJST ACT to amend an act to establish a corporation in 
the city of St. Louis, for the purpose of education, approved 
February 13, 1833. [Local Laws Mo. 1845, p. 182.] 

Se it enacted by the General Assembly of the State of 
Missouri, as follows : 

§ 1. Certain oflQcers not to be directors — No member 
of the board of aldermen, or of the board of delegates, or 
any person holding oflSce under the city of St. Louis, 
whether elected or appointed, shall be a member of the 
board of school directors of the city of St. Louis. 

The Act of February 13, 1833, is the School Board charter. See page 
5 of this compilation. 

Health officer and Lafayette park commissioner disqualified — 

Neither the health officer of the city of St. Louis, nor a member of the 
Board of Improvement of Lafayette Parli in said city is eligible to the 
position of member of the Board of Public Schools, as they come within 
the purview of section 1, of the act of March 17, 1845, which prohibits 
"any person holding office under the city of St. Louis " from being a 
member of the Board. The 21st section of the 5th article of the charter 
of the city of St. Louis declares, among other things: " The term officers 
whenever used in this act, shall include all persons holding any situation 
under the city goverment, except members of the city council." Atty's 
Opinion, I. OfE. Proc. 272. 

It also appears that a city officer being elected a director of the School 
Board, may, at any time before qualifying, resign his office under the 
city, and by so doing remove all obstacles to his holding the directorship 
of the Board. He cannot, however, properly qualify after election while 
he holds an office under the city. There is no time prescribed within 
which he must qualify, after his election. He may qualify at any day 
(Juring the term for which he is elected and within a reasonable time after 
his election. Atty's Opinion, I. Off. Proc. 280. 



28 ACTS IN TERMS APPLICABLE, 

Reasonable time in which to qualify — The question as to whether 
the time at which he seelcs to qualify is within a reasonable time subse- 
quent to his election it seems must be determiuecl by the Board. Atty's 
Opinion, I. Off. Proc. 280. 

§ 2. Certain persons ineligible — No person shall be 
eligible as a director in said board, who has not been a 
resident of the ward in which he is elected, at least twelve 
months prior to his election; and if any person, who shall 
have been elected from one ward, shall remove from said 
ward, he shall vacate his seat in said board, and an elec- 
tion shall be ordered and held as soon as may be to fill 
said vacancy, and said director shall moreover possess all 
the qualifications required in the act to which this is amend- 
atory and supplementary, approved February l'3th, 1833. 

See Act of March 13, 1867, page 40 of this compilation. 

§ 3. Directors not to borrow money from corporation — 

No director shall directly or indirectly borrow any money 
belonging to said corporation, either as principal or in- 
dorser. 

§ 4. Dnty of president and directors -^ It shall "be the 
duty of the President and directors of this corporation to 
carry out and enforce all the provisions and requirements of 
the 8th section of the act referred to, in the 2nd section of 
this act. 

§ 5. Punishment for violating- law — If any director or 
officer of this corporation shall violate any of the provisions 
of this act, and of the act to which this is amendatory and 
supplementary, approved February 13, 1833, he shall be 
guilty of a misdemeanor in office, and shall be punished 
for such misdemeanor, as is provided for by law, and shall, 
moreover be disqualified from ever holding a seat in said 
board, or act as one of its officers. 

§ 6. Directors to i*eceive no compensation — No di- 



ACTS IN TERMS APPLICABLE. 29 

rector shall receive any compensation for any services as 
director. 

§ 7. Repealing conflicting- acts — All acts, or parts of 
acts, conflicting or in anywise interfering with this act, are 
hereby repealed. 

This act to take effect ;ind be in force from and after its 
passage. 

Approved March 17, 1845. 

QUALIFICATIONS OF DIRECTORS, ETC. 

AN AOT to amend an act entitled " an act to establish 
a corporation in the city of St. Louis for the purpose 
of public education," approved February 13th, 1833, 
[Local Laws Mo. 1845, p. 194.] 

Be it enacted by the General Assembly of the State of 
Missouri, as foUoivs: 

§ 1. Who ineligible as director — That no person shall 
be eligible as a director in the corporation established by 
said act, who may be interested in any property held by 
lease from said corporation, or who is interested directly 
or indirectly in any title adverse to the title of said corpora- 
tion, to any property which is claimed by said corporation. 

§ 2. Director not to purcliase or lease property of the 
Board — No person who is, or hereafter may become a 
director, or who shall hold any other office, in or under said 
corporation, shall purchase or lease from said corporation 
any property claimed by said corporation, nor shall any 
such person be interested directly or indirectly in any pur- 
chase or lease, by any other person, of any such property, 
and any sale or lease of any such property in which any 
such director or other [person] shall be so interested, shall 
be utterly null and void. 

[§ 3.] This act not to affect acquired titles — This act 
shall not affect titles now held under said corporation, but 



30 ACTS IN TERMS APPLICABLE. 

the same, and all contracts of said corporation heretofore 
made, shall be valid and effectual. 

This act to take effect from and after its passage. 

Approved, March 26, 1845. 

I 

' The Act of February 13, 1833, is the School Board charter. See page 

5 of this compilation. 



COMMISSIONERS TO CONTROL SIXTEENTH SECTION, 

AN ACT to authorize the sale of fractional section sixteen, 
township forty-five, north, range, seven, east. [Laws Mo. 
1850, p. 706.] 

Be it enacted by the General Assembly of the State of 
Missouri, asfolloivs: 

§ 1. Powers of commissioners — The county court of 
St. Louis county are hereby authorized to appoint three 
commissioners, with full power and authority to take pos- 
session of section number sixteen, of township forty-five 
north, range seven east, and to sell the same or any part 
thereof in such manner and upon such terms as the court 
may direct. 

§ 2. Commissioners may compromise — Said commis- 
sioners may agree upon terms of compromise with .adverse 
claimants to said land, which agreement shall be signed by 
said commissioners and said adverse claimants, and then be 
submitted to the county court for approval, and if approved 
by the county court, deed may be executed accordingly. 

§ 3. Attorneys maybe appointed — Said commissioners 
may, with the approval of the county court, appoint one or 
more attorneys to investigate the title or to prosecute, or 
to defend any suits that maybe commenced concerning said 
sixteenth section. 

§ 4. Proceeds of sale, how applied — All money aris- 
ing from the sale of said land shall be paid into the county 



ACTS IN TERMS APPLICABLE. 31 

treasury, and loaned out as other school money for the use 
of the inhabitants of that part of the township outside of the 
city of St. Louis, and the interest arising from the loaning 
of the same shall be applied to the support of township or 
district schools, as in other cases. 

§ 5. Expenses, how paid — The said county court may 
allow to said commissioners all necessary expenses in prose- 
cuting or defending suits, surveying and platting the land, 
and for advertising and selling the same, to be paid out of 
the proceeds of such sale. 

§ 6. Said land may be divided, etc. — Said commis- 
missioners may lay off streets or avenues through said 
land, and divide the same into blocks or parcels, in such 
way as they may consider most advantageous in making 
sales. 

§ 7. Repealing- previous act — An act respecting town- 
ship forty-five north, in range seven east, approved March 
8th, 1849, be, and the same is hereby repealed. 

This act shall take eflfect and be in force from and after 
its passage. 

Approved March 3, 1851. 

See Act of March 8, 1849, repealed by above Act. Laws Mo. 1848-9, p. 
632. 

LIMITATIONS OF ACTIONS FOR REALTY BY ST. LOUIS SCHOOL 

BOARD. 

An Act to secure and preserve more completely certain school prop- 
erty in the county of St. Louis. [Laws Mo. 1856-7, p. 679.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

§ 1. Relates to actions and suits involving" school prop- 
erty — No law or statute of this State, limiting the time 
for commencing any action, suit, or other proceeding, for 
the recovery of the possession of real estate, or for the re- 



32 ACTS IN TERMS APPLICABLE. 

covery of any right, title, or interest therein, shall prevent 
or prohibit the Board of President and Directors of the St. 
Lonis Public Schools from commencing any such action, 
suit, or other proceeding, at any time within ten years after 
the expiration of the time limited in such law or statute for 
the commencement thereof, nor from prosecuting the same 
to final judgment and execution, or final determination, in 
the same manner, and under the same rules and regulations, 
as if such action, suit, or or other proceeding had been com- 
menced within the time prescribed by such law or statute. 

§ 2. How this act to be amended — No law hereafter 
passed shall be deemed or construed as changing, altering 
or repealing the whole or any part of this act, unless this 
act be expressly mentioned in such law. 

This act shall take effect and be in force from and after 
its passage. 

Approved January 30, 1857. 

SALE OF SCHOOL LANDS IN TOWNSHIP 45, RANGE 6. 

An Act to provide for the sale of School Lands belonging to Township 
45, Range 6. [Laws Mo. 1856-7, p. 678.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

§ 1. County court shall appoint commissioners to 
sell — The County Court of St. Louis County are hereby 
authorized to appoint three commissioners to sell the un- 
sold portion of the school lands belonging to township 
forty-five, range six, in said county. 

§ 2. Powers and duties of commissioners — Said com- 
missioners shall have power to cause said lands to be sub- 
divided and sold, in such manner or on such terms as they 
may deem best for the interest of the inhabitants of said 
township. 

§ 3. Commissioners shall report to county court and 



ACTS IN TERMS APPLICABLE. 33 

make deeds — After the sale of any or all of said prop- 
erty, they shall report such sale to the County Court afore- 
said, and upon the approval of the same by said Court, said 
commissioners shall execute, acknowledge and deliver to 
the purchasers deeds for the property sold. 

§ 4. Proceeds of sales, how disposed of — All money 
arising from such sales shall be paid in to the County 
Treasury, and loaned out as other township school funds, 
for the benefit of the inhabitants of said township. 

§ 5 . Compensation of commissioners — Said commis- 
sioners shall receive no compensation for the services re- 
quired of them by this act. 

This act shall be in force from and after its passage. 

Approved February 12, 1857. 

ACCEPTING LANDS FOR SCHOOL PURPOSES. 

An Act accepting and receiving certain school lands in St, Louis 
county. [Laws Mo. 1864-5, p. 336.] 

Be it enacted by the General Assembly of the State of 
Missouri, as folloios: 

§ 1. Accepting certain lands — All of the lots, tracts, 
pieces and parcels of land, and all of the right, title and 
interest therein which were granted, relinquished and 
conveyed by the United States to the State of Missouri by 
an act of Congress approved June the fifteenth, eighteen 
hundred and sixty-four, entitled "an act concerning cer- 
tain school lands in township forty-five north, range seven 
east, in the State of Missouri," shall be and the same are 
hereby accepted and received by the State of Missouri from 
the United States, for the support of schools in said town- 
ship. 

§ 2. Courts to take judicial notice — All of the courts 
and judicial officers of this State shall take judicial notice of 
this act and of said act of Congress, and said courts and 
3 



34 ACTS IN TERMS APPLICABLE. 

officers shall also take judicial notice of the existence, the 
extent and boundaries of the common field mentioned in 
said act of Congress. 

§ 3. Copies of tills act to be sent, to wliom — The 
Governor shall cause a copy of this act, duly certified under 
the great seal of this State, to be forwarded as soon 
as practicable to the Commissioner of the General Land 
Office. 

This act shall take effect and be in force from and after 
its passage. 

Approved January 14, 1865. 

See Act of Congress granting to the State of Missouri the lauds accepted 
by above Act. Approved June 15, 1864 [13 U. S. Stats, at Large, 132], and 
Act of State legislature, vesting these lands in the St. Louis School Board, 
approved May 12, 1879 [Laws Mo. 1879, p. 197], on page 56 of this 
compilation. 

REVENUE OF THE ST. LOUIS PUBLIC SCHOOLS. 

An Act amendatory of an act approved December 17, eighteen hundred 
and sixty-three, entitled "an act amendatory of the first section of an 
act entitled ' an act revising the laws concerning the revenue of the Saint 
Louis Public Schools,'" approved March the second, 1859, [Laws Mo. 
1865, Adj. Sess. 271.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

§ 1. Tax to be levied annvially — There shall be levied 
and collected annually on all real estate and personal prop- 
erty within the corporation limits of the city of Saint 
Louis, made taxable by law for State purposes, a tax 
of not more than one-half of one per centum, which tax 
shall be paid to the corporation called " The Board of 
President and Directors of the Saint Louis Public Schools," 
and used and applied by said corporation in the same man- 
ner and for the same purposes as other money belonging 



ACTS IN TERMS APPLICABLE. 35 

to said board, and in strict accordance with the provisions 
of the laws in relation to said corporation. 

Merchants' and Manufacturers' tax — December 9, 1879, the At- 
torney called attention to the fact, "that while the goods, wares, mer- 
chandise, raw material and appliances of merchants and manufacturers 
in this city are annually taxed for State purposes, no tax has been levied 
or collected on that class of property for the schools of this city." The 
matter was referred to the Ways and Means Committee. III. Off. Proc. 
342. 

Jan. 13, 1880, the Ways and Means Committee's report recommending 
that the Attorney be instructed to take such steps as are in his judgment 
necessary to enforce the assessment and collection of the school tax 
upon all classes of property made taxable by law was adopted by the 
Board. III. Off. Proc. 372. 

Nov. 9, 1880, it appearing from the Attorney's Reports (IV. Off. Proc. 
33) that a suit against the Collector to compel him to collect the tax 
referred to, had been decided against the Board, the whole matter was 
referred to the Legislative Committee to present it to the legislature so 
that legislation might be had which would clearly give the right to collect 
the tax. IV. Ofe. Proc. 48. 

March 8, 1881, the Legislative Committee reported that the General 
Assembly had been memorialized and that a committee had appeared 
before committees of both houses urging the passage of an amendment 
curing the defect in the law. IV. Off. Proc. 112. 

April 12, 1881, the Legislative Committee reported that the amend- 
ment suggested to the legislature did not pass. IV. Off. Proc. 125. 

Dec. 9, 1884, a resolution to appoint a committee of five, to take into 
consideration the question of collecting the Merchants' and Manufactur- 
ers' tax was adopted. V. Off. Proc. 282. 

Feb. 10, 1885, the committee having reported recommending that steps 
be immediately taken to enforce the law (V. Off. Proc. 305) the matter 
was referred to it with the Attorney and with power to act. V. Off. 
Proc. 324. 

The Committee on May 12, 1885, and June 23, 1885, reported progress. 
V. Off. Proc. 365, 395. 

See chapters 126 and 129, and article 11 of chapter 145, [pp. 1238,1244, 
and 1361] of II. Missouri Revised Statutes 1879 on pages 101, 102, 115 of 
this compilation. 

Power to tax merchants — For a full discussion of the constitution- 
ality of an act taxing merchants, see Crow v. State, 14 Mo. 237. 

Power to collect school taxes on Merchants' statements — Under 
the laws in force in 1869 (Sess. Acts 1868, p. 76; Wag. Stat. 938-9, § 6; 
Sess. Acts 1867, pp. 161-2, §§ 7, 8; Wag. Stat. 1264-5, §§ 7, 9. See also 



36 ACTS IN TERMS APPLICABLE. 

Id., p. 1246, § 18, and 1243, § 6), school corporations in towns and villages 
were authorized to include merchants' statements as taxable, and to 
collect school taxes upon such statements. State ex rel. v. Kinney, 48 
Mo. 373. 

§ 2. Rate of taxation — The Board of President and 
Directors of the Saint Louis Public Schools, shall determine 
the rale of taxation for each year under the provisions of 
the foregoing section by resolution, a copy of which duly 
certified according to law, shall be handed to the Collector 
of St. Louis county and to the Clerk of the County Court 
of St. Louis county on or before the fifteenth day of Octo- 
ber in each year. 

§ 3. Aiitliority ot Collector — The Collector of St. 
Louis county shall have authority and it is hereby made 
his duty, to collect the tax in the first section of this act 
specified in the same manner and under the same rules, 
regulations and restrictions, penalties, liabilities and respon- 
sibilities, and with the same powers as shall be provided by 
law for the collection of the State and county revenue in 
said county. 

§ 4. Collector to paj' moneys to Board once a month — 
The Collector of said county shall, at least once in every 
month, and oftener if required in writing by the President 
of said board, pay over to said board all moneys collected 
by him, to which said board shall be lawfully entitled. 

§ 5. Compensation of Collector — The said Collector 
for his services under this act shall be entitled to the same 
compensation as shall be allowed by law for similar services 
in relation to the collection of the State and county taxes 
in said county. 

§ 6. Collector's bond — The Collector of Saint Louis 
county shall, within ninety days after his appointment and 
before entering upon the duties of his oflSce under this act, 
enter into bond payable to said corporation in such sum 
as said board may require with good and sufficient securities, 



ACTS IN TERMS APPLICABLE. 37 

to be approved by said board, conditioned that he will 
faithfully and punctually collect, account for and pay over 
to said corporation, all moneys received and collected by 
him under this act during his continuance in office, and 
that he will in all things faithfully perform all his official 
duties as collector under this act. 

See City Charter, Art. XIII., Sec. 3, on page 21G of this compilation. 

§ 7. Failure to enter into bond vacates Collector's 
oflace — If said Collector shall not within ninety days after 
his appointment as collector as aforesaid, enter into a bond 
as provided in the immediately preceding section of this 
act, his said office of collector of said county of Saint 
Louis shall be deemed vacant, and such vacancy shall be 
filled, in the same manner as if he had resigned, and he 
shall not be eligible or reappointed to said office for one 
year thereafter. 

Sureties on Treasurer's bond — Where it was provided by statute that 
ttie county treasurer sliould be also the treasurer of the school fund, but 
it was required that a separate and different bond should be given for the 
management of the school moneys from that given as treasurer proper, 
the sureties on the bond of the treasurer proper are not liable for his de- 
fault to properly account for moneys which had come into his hands as 
treasurer of the school funds. State to use v. Johnson, 55 Mo. 80. 

Sureties of public officer only responsible for performance of du- 
ties prescribed by law — The sureties of a public officer are only respon- 
sible for his performance of the duties assigned him by law. Thus, where 
the law requires the clerli of the county court to keep the bonds for 
the loan of school funds, if by an order or permission of the court, 
these duties are devolved upon the treasurer, the sureties of the treas- 
urer will not be responsible therefor. Nolley v. Callaway County Court, 
11 Mo. U7. 

And where it appeared that under the law it was not the duty of the 
auditor of St. Louis county to collect the county and township moneys 
(Acts 1874, pp. 162, 167, §§ 69, 86), it was held that the sureties on his of- 
ficial bond could not be held responsible for school moneys collected by 
him and not accounted for. State to use v. Bonner, 72 Mo. 387. See also 
State ex rel. v. Moeller, 48 Mo. 331. 



38 ACTS IN TERMS APPLICABLE. 

Constniction of bond— It has been held by the State Supreme Court 
that the separate bond required b}' section 42, page 1251, Wagner's Stat- 
utes, to be given by the county treasurer as custodian of school moneys, 
need not specify those moneys. The condition prescribed by section 42 
is, that the treasurer " will faithfully disburse and pay over according to 
law all such funds and moneys as may from time to time come into his 
hands as such treasurer." The sureties on a bond so conditioned will be 
liable for any school moneys received and not accounted for by the treas- 
urer. State ex rel. v. Cook, 72 Mo. 496. 

Construction of Treasurer's bond — It has been held that the office 
of treasurer of St. Louis county having been in 1876 abolished by the 
adoption of the scheme and charter, the treasurer became a mere custodian 
of the township school funds in his hands, and his refusal to turn them 
over upon the joint demand of the School Board and the county court 
cannot be justified on the ground that these agencies were about to divide 
the fund in a manner not warranted by law. 

A treasurer's bond which covers "funds for school purposes belong- 
ing to the different townships, arising from whatever sources," covers 
all school funds, both county and township, which come into the treas- 
urer's hands, whether capital or increase. State to use v. Rechtien, 7 
Mo. App. 339. 

Procedure — Mandamus — Official bond — The fact that the treasurer 
of a board of public schools has a remedy on the official bond of a county 
treasurer for non-payment of money, will not prevent his proceeding 
against him by mandamus. State ex rel. v. Dougherty, 45 Mo. 294. 

Mandamus of County Treasurer — Amount due — In mandamus by 
the treasurer of a board of public schools against a county treasurer for 
non-payment of money owing to the board, the court will not investigate 
the question of the amount to be paid, or order the payment of a specific 
sum; but will requii'e him to pay over the actual balance of collections in 
his hands, whatever it may be. State exrel. v. Dougherty, 45 Mo. 294. 

Care required of custodian of School Funds— A treasurer of a 
school township is liable on his official bond for school funds deposited 
in bank, and lost through the failure of the bank, although he was not 
guilty of any want of care or prudence in failing to ascertain its financial 
condition. The court quotes from the United States Supreme Court as fol- 
lows: " Public policy requires that every depositary of the public money 
should be held to a strict accountability ; not only that he should exercise 
the highest degree of vigilance, but that ' he should keep safely ' the 
moneys which come to his hands. Any relaxation of this condition would 
open a door to frauds, which might be practiced with impunity." (United 
States V. Prescott, 3 How. 578. And see cases there cited.) State ex rel. 
V. Powell, 67 Mo. 395. 



ACTS IN TERMS APPLICABLE. 39 

§ 8. How tax to be assessed — The same assessment on 
property within the corporate limits of the city of Saint 
Louis, which shall be made from time to time for the State 
and county taxes, shall be deemed and used as the lawful 
and proper assessment in levying and collecting the tax 
authorized by this act. And the payment of the taxes au- 
thorized by this act shall be enforced in the same manner 
and under the same rules and regulations as stiall be pro- 
vided by law for the enforcement of the payment of the 
State and county taxes in said county. 

§ 9. Further duties of Collector — The collector of said 
county shall perform such other duties under this act, not 
herein specified, as he shall be required by law to perform 
in relation to the collection of the State and county taxes 
in said county. 

§ 10. County Clerk's duties — The Clerk of the County 
Court of Saint Louis county shall perform the same duties 
under this act that he shall be by law required to perform 
in relation to the State, county or other taxes in said coun- 
ty, and for his services under this act he shall be allowed 
and paid by said board such compensation as said board of 
directors shall deem reasonable, just and proper. 

See the several Acts imposing upon the City Register the duties in 
reference to the revenue formerly performed by the county officers on 
pages 130, 157 of this compilation. 

§ 11. How this law is to be repealed — No law here- 
after passed shall be deemed or construed as changing, 
altering or repealing the whole or any part of this act, un- 
less this act be expressly mentioned in such law. 

This act shall take effect and be in force from and after 
its passage. 

Approved December 19th, 1865. 



40 ACTS IN TERMS APPLICABLE. 



CHANGING BOUNDARIES OF WARDS. 

An Act concerning the election of directors of the board of president 
and directors of the St. Louis public schools. [Laws Mo. 1867, p. 165.] 

Be it enacted by the General Assembly of the State of 

Missouri, as follows : 

• 

Section 1. Director's seats vacated in certain cases — 

Whenever the boundaries of any ward in the citj'^ of St. 
Louis shall be chano^ed, the seats of directors of " the 
board of president and directors of the St. Louis public 
schools," elected from said ward, shall be vacated, and 
said board shall order elections for the seats so to be vacated, 
in the manner and at the time as is now provided by law, 
and by the rules of said board ; but the present directors 
shall continue in office until their successors are elected and 
duly qualified. 

Sec. 2. New wards entitled to same number as old — 
Whenever the number of wards of the city of St. Louis 
shall be increased beyond the number of ten, the new wards, 
so created beyond the number of ten, shall be entitled to 
the same number of directors in the said board as each 
other ward in the city of St. Louis. 

Sec. 3. Residence qualification of director — Here- 
after no person shall be eligible to the office of director of 
said board who has not resided in said ward at least six 
months immediately prior to such election. 

Sec. 4. Act to take effect, when — This act shall take 
effect and be in force from and after its passage. 

Approved March 13, 1867. 

See Act of March 17, 1881 [Laws Mo. 1881, p. 207], on page 63 of 
this compilation; also section 4 of Article L of City Charter on page 202 
and Act of March 31, 1885 [Laws Mo. 1885, p. 72] on page 66 of this com- 
pilation. 



ACTS IN TERMS APPLICABLE. 41 



TRANSFER OF CARONDELET SCHOOL PROPERTY. 

An Act providing for tlie merging of the City of Carondelet into tlie 
City of St. Louis, and in relation to the public schools therein, contains 
the following [Laws Mo. 1870, Adj. Sess., p. 488] : 

Sec. 7. School property transferred to St. Louis School 
Board — All property belonging to or vested in the cor- 
poration known as the board of directors of the Carondelet 
public schools, shall hereafter vest in and the same is hereby 
transferred to the corporation known as the board of presi- 
dent and directors of the St, Louis public schools, and all 
powers and authorit}^ now vested by existing laws in said 
board of president and directors of the St. Louis public 
schools shall henceforward extend over the territory, popu- 
lation, property and rights of action over which the said 
board of directors of the Carondelet public schools up to 
this time exercised any authority, and over all that terri- 
tory and population which is or may hereafter be annexed 
to the city of St. Louis. An act to provide for the organi- 
zation and support of the public schools in the city of 
Carondelet, approved March 23, 1863, and also an act 
amendatory of said act, approved December 18, 1863, and 
all other acts amendatory or inconsistent with this act, so 
far as they are inconsistent herewith, are hereby repealed. 

Sec. 8. When act takes effect — This act shall take 
effect and be in force on and after the first Tuesday in 
April, 1870, and not before that time. 

Approved March 4, 1870. 

Application of purchase-money — "The State granted the full prop- 
erty in these lands to the city of Carondelet for the benefit of schools, 
with directions to compromise disputed titles and to make sales, applying 
the proceeds to the purposes of the grant. The power of establishing, 
regulating and supporting common schools was vested in the council by 
the charter; so that the corporation was as well one for school purposes 
as for municipal regulation. * * * Under the circumstances there 
was no duty [imposed] on the purchaser to see to the application of the 
purchase-money." Bowlin v. Furman, 28 Mo. 427, 432. 



42 ACTS IN TERMS APPLICABLE. 



QUALIFICATIONS OF DIRECTORS CONTRACTS WITH BOARD. 

AN ACT in relation to tlie qualification of the directors of the St. 
Louis public schools. [Laws Mo. 1870, Adj. Sess., p. 239.] 

Be it enacted by the General Assembly of the State of 
Missouri, as folloivs: 

Section 1. Disqualifying persons interested in con- 
tracts — No director of the St. Louis public schools shall 
be directly or indirectly interested in contracts for building 
or repairing school-houses, nor in furnishing supplies to 
the schools, and any director becoming so interested shall 
be immediately suspended by the president of the board 
who shall notify the board of directors of such fact, where- 
upon the board of directors shall, as soon as practicable 
convene to hear and determine the same, and if by a two- 
third vote of the board of directors he be found so inter- 
ested, he shall be immediately dismissed from the board 
and the president shall issue a proclamation for an election 
to fill the vacancy. 

Sec. 2. Wlien act takes effect — This act shall take 
effect and be in force from and after its passage. 

Approved March 24, 1870. 

The Attorney of the Board holds that, while it must be conceded that 
the framers of the above act most likely intended to reach the School 
Board and its members, and that such a construction might prevail in the 
courts, yet it may be doubted whether it does apply to the Board. 

The State Constitution provides that " no law enacted by the General 
Assembly shall relate to more than one subject, and that shall be ex- 
pressed in the title ; but if any subject embraced in the act be not 
expressed in the title such act shall be void only to so much thereof as is 
not expressed." The act does not name the Board of President and 
Directors of the St. Louis Public Schools nor its members. Nor does 
its title relate to the subject embraced in the act which relates exclusively 
to the offense and not to the qualification of directors. Atty's Opinion, I. 
Off. Proc. 363. Butseemotionof Mr. Peacock, I. Off. Proc. 364. Also, mo- 
tion of Mr. Lippman on same page and adoption of Report of Committee 
on Rules, I. Off. Proc. 371. 



ACTS IN TEKMS APPLICABLE. 43 



LIST OF SCHOOL LAND LEASES TO BE RETURNED. 

AN ACT supplementary to an act entitled " An act to establish a cor- 
poration in the city of Saint Louis for the purpose of public education," 
approved February 13, 1833. [Laws Mo. 1873, p. 360.] 

Be it enacted by the General Assembly of the State Mis- 
souri, as follows: 

Section 1 . Secretary to make return of leased lands — 

It shall be the duty of the secretarv of the board of president 
and directors of the Saint Louis public schools to make return 
under oath to the president of the board of assessors of Saint 
Louis county, during the month in which the assessment of 
real estate begins in each and every year, of all such lands 
or lots of ground owned by the board of president and 
directors of the Saint Louis public schools, and disposed of 
by such board to individuals or corporations by lease, on 
which the leases are subsisting and in force on the first day 
of such month. 

Sec. 2. Form of return prescribed — Such return shall 
be made in the form of a list containing the description of 
each lot or parcel of land, with the name of the lessee set 
opposite thereto, and shall be prima facie evidence of the 
facts therein stated in favor of the board of president and 
directors of the Saint Louis public schools. 

Sec. 3. Inconsistent acts repealed — All acts or parts 
of acts inconsistent with or contrary to this act are hereby 
repealed. 

Sec. 4. Act to take effect, when — This act shall take 
effect from and after its passage. 

Approved February 21, 1873. 



44 ACTS IN TERMS APPLICABLE. 



THE SCHOOL BOARD MAY MAINTAIN A LIBRARY. 

AN ACT to authorize the " Board of President and Directors of the 
St. Louis Public Schools " to maintain a free public library and reading 
rooms. [Laws Mo. 1874, Adj. Sess., p. 383.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows: 

Section 1. Board may maintain library — The " Board 

of President and Directors of the St. Louis Public Schools " 
is hereby authorized to appropriate out of its annual income, 
for the maintenance of a public library and reading room, 
with or without branches, which shall be free for purposes 
of reading and reference, under such rules and regulations 
as said board may, from time to time, prescribe, such sum 
as in their discretion may l)e proper. 

Sec. 2. Act to take effect, when — This act to take 
effect and be in force from and after its passage. 

Approved March 27, 1874. 

Acts and contracts affecting library — The Charter of the Public 
School Library Society which society formed the nucleus of the present 
St. Louis Public Library, is as follows : 

AN ACT to incorporate a public school library society in the city of St. 
Louis. [Laws Mo. 1864, p. 178.] 

Be it enacted hy the General Assembly of the State of Missouri, as follows: 

§ 1. Names of incorporators and corporation — That S. D. Barlow, 

Ira Divoll, C. F. Childs and such other persons as may be associated with 
them, in compliance with the conditions expresssd in sections two and 
three of this act, are hereby constituted a body politic and corporate, by 
name and style of the " Public School Library Society of St. Louis," and by 
that name they and their successors shall be known in law, have perpetual 
succession and a common seal, and may contract, be contracted with, sue 
and be sued, plead and be impleaded in any court of law or equity, and 
may purchase, receive and hold, alien and convey any real or personal 
property which may be given or dedicated to, or purchased by them for 
the use of said society. 

§ 2. Objects of society — Qualifications of life members — The ob- 



ACTS IN TERMS APPLICABLE. 45 

ject of said society is declared to be the establisliraeiit aad maintenance 
of a public school library and lyceum, and all persons who have been 
heretofore, are now or may be hereafter directors, officers, teachers or 
pupils of the St. Louis public schools, may become life members of said 
library by paying to the board of trustees herein provided for the sura of 
twelve dollars. No other persons than those herein designated shall be 
eligible to life membership of said library, but there may be annual sub- 
scribers to the same, under such regulations as the board of trustees may 
determine. 

§3. Life members of library, privilege of — No persons except life 
members of said library are entitled to become members of the society 
hereby established; directors, ofHcers and teachers of the public schools, 
and all other adult persons, shall become members of said society by 
virtue of their life membership of said library, but the conditions on 
which pupils shall be entitled to membership of said society shall be 
determined by the board of trustees. 

§4. Board of trustees — The powers of the society hereby established 
shall be vested in a board of sixteen trustees, any nine of whom shall 
constitute a quorum to transact business. The president of the board of 
public schools, the superintendent of public schools, the principal of the 
high school and the principal of the normal school, in St. Louis, and their 
successors, are hereby declared permanent members of the said board of 
trustees, by virtue of their respective offices. The remaining twelve 
members of said board, six of whom may be females, shall be elected by 
said society from their own members for the term of three years and 
until their successors shall be duly elected and qualified, and one-third of 
the number shall go out of office every year, and for that purpose the 
first board shall cause its elected members to be divided bj lot into three 
equal classes. The first class to go out of office at the end of one year, 
the second at the end of two, and the third at the end of three years. 
Any vacancy that may occur in this board by death, resignation or other- 
wise, shall be filled for the remainder of the term by the board itself. 

§ 5. President of board — Registry to be opened— The president of 
the said board of public schools shall be ex-officio president of the said 
board of trustees, and he is hereby authorized to open or cause to be 
opened a book of registry, wherein shall be recorded the names of all 
eligible persons who may desire to become members of said society, and 
when fifty or more persons shall have thus enrolled their names, he shall 
call them together, at such time and place as he may designate, and when 
assembled they shall proceed to elect twelve trustees, who, when elected, 
shall be classified as directed in the foregoing section. 

§ 6. Powers of board of trustees— The said board of trustees shall 
have power to appoint such officers and agents as may be necessary to ac- 
complish the objects of the society, and to prescribe their powers, duties 



46 ACTS IN TERMS APPLICABLE. 

and corapensatiou, and to make and enforce all such rules, regulations 
and by-laws as may be required in the transaction of their business, and 
the management of the said library ; provided, that nothing therein con- 
tained shall be repugnant to the provisions of this act or the laws of the 
land. 

§ 7. Additional powers of board of trustees— The said board of 
trustees shall have power to assess all life members of said library any 
amount not exceeding three dollars per annum, but no such assessment 
shall be made without the concurrence of at least two-thirds of the mem- 
bers of said board. 

§ 8. St. Louis School Board may appropriate funds for library— 

The Board of St. Louis Public Schools are hereby authorized to appro- 
priate out of their general fund a sum not exceeding live thousand dol- 
lars for the benefit of said society, to be used exclusively for the purchase 
of books for said library, and they are further authorized to provide 
rooms for the accommodation of said library. 

§ 9. Property of society exempt from taxation— All property, both 
real and persona), belonging to said society, and used for the exclusive 
benefit and purpose of said library, shall be exempt from all taxation of 
every nature and kind whatever. 

§ 10. Corporation unlimited by what — The corporation hereby estab- 
lished shall not be limited in its durarion by anything contained in the 
first clause of the first section of the first article of "an act concerning 
corporations," approved November 23, 1855. 

This act to take effect and be in force from and after its passage. 

Approved February 2, 1865. 

THE AGREEMENT BETWEEN THE PUBLIC SCHOOL BOARD AND WASHING- 
TON UNIVERSITY [ill. OFF. PBGC. 356], IS AS FOLLOWS: — 

This agreement, made and entered into this twenty-fourth day of 
September, eighteen hundred and sixty-eight, by and between the Board 
of President and Directors of the St. Louis Public Schools, party of the 
first part, and the Washington University, party of the second part; 
Witnesseth: That whereas said party of the second part has this day 
executed and delivered to said party of the first part its deed, conveying 
to said party of the first part certain real estate and personal property, of 
even date herewith; Now, therefore, in consideration of said conveyance, 
and in further consideration of the covenants and agreements entered 
into between said parties, the said party of the first part hereby cove- 
nants and agrees to and with said party of the second part that element- 
ary and preparatory branches of polytechnic or technological instruction, 
being part of the instruction contemplated by the department of said 
University known as the " O'Fallon Polytechnic Institute," shall be 



ACTS IN TERMS APPLICABLE. 47 

permaneDtly established by said party of the first part for the special 
benefit of those engaged in or preparing for mechanical or other indus- 
trial pursuits, and that a sum of at least six thousand dollars (f 6,000) 
shall be annually applied to said Polytechnic instruction, and to the main- 
tenance and increase of the library of said institute, which institute shall 
be known as the " O'Fallon Polytechnic Institute," and that the name 
of the late Mr. Henry Ames shall be associated with such library or 
educational purposes in some appropriate manner forever. And in 
consideration of the premises said Washingtoa University agrees to 
pay to said party of the first part the sum of one hundred thou- 
sand dollars (f 100,000) on the first day of December, A. D. 1872; 
provided, however, that if by reason of the provisions of the thir- 
teenth paragraph of the second article of the last will of the late Mr. 
Henry Ames, and the order of payment therein established and the pay- 
ment of the tax on successions due to the United States, and for no other 
reasons, the legacy to the Washington University, named in said will, 
shall be reduced in amount, then, and in such case, the sum of money to 
be paid by said party of the second part to said party of the first 
part shall be reduced to the same extent. In testimony whereof said 
parties of the first and second part have executed these presents in du- 
plicate on the day and year first above written. 

Washington University, 
By W. G. Eliot, 
Attest : President. 

[Seal.] S. A. Kanlett, 

Secretary. 

Board of President and Directors of the St. Louis Public 

Schools. 

By Pelix Coste, 

President. 
Attest : 

[seal.] Geo. M. Fichtenkam, 

Secretary, 



THE agreement EFFECTING THE TRANSFER OF THE PUBLIC SCHOOL 
LIBRARY TO THE BOARD OF PUBLIC SCHOOLS [PUBLIC SCHOOL LIBRARY 
RULES, 1870, p. 3], IS AS FOLLOWS: — 

Know all men by these presents, that the Public School Library So- 
ciety of St. Louis, a body corporate, incorporated under the laws of 
Missouri, party of the first part, in consideration of the sum of one dol- 
lar to it paid by the Board of President and Directors of the St. Louis 
Public Schools, party of the second part, and in consideration of the 
covenants and agreements hereinafter set forth, entered into, and to be 
performed by said party of the second part, has sold, assigned and 



48 ACTS IN TERMS APPLICABLE. 

delivered, and by these presents does sell, assign and deliver to said 
party of the second part, as absolute owners of the same, all the books, 
maps, plats, fixtures, furniture, and personal property vphich now consti- 
tute and belong to the Public School Library. And said party of the 
second part, in consideration of said transfer, has agreed, and by these 
presents does agree, as follows, to-wit: 

First. To keep the books, maps, plats, and other personal property 
now belonging to and forming part of said Library, and such additions 
as may be made to the same from time to time, in convenient and ac- 
cessible rooms or room, giving accommodation to readers, and to supply 
such rooms or room with light and heat; to expend in addition thereto, 
annually, not less than three thousand dollars, and all other revenues of 
said library, for the maintenance of said library hereby conveyed, for the 
purchase of books and periodicals to be added to said library, and for i1e- 
fraying salaries and expenses incurred in maintaining and enlarging the 
same. 

Secondly. To allow access to and use of the library to all persons dur- 
ing their lives who are now life members or honorary members of said 
Public School Library Society, or who may hereafter obtain such mem- 
bership of said Society for themselves or others as a consideration for 
subscription heretofore made by them; but such use of and access to 
said library shall be subject to such rules and regulations as said party 
of the second part, or the Board of Managers hereinafter mentioned, 
shall from time to time establish. Said Board of Managers shall forth- 
with establish uniform rules and regulations for the admission to the 
use of said library of those who may hereafter become members of the 
Public School Library Society of St. Louis, and other persons who are 
not members of said Society. The rules and regulations thus estab- 
lished shall not take effect until approved by said party of the second 
part, and they may be modified by said party of the second part in the 
same manner as the rules established for the government of said School 
Board. 

Thirdly. Said party of the second part may take from said library and 
dispose of such books as may not, in their opinion, be a useful part of 
the same. The property hereby acquired may be kept by said party of 
the second part in separate rooms or in the same rooms or apartments 
with other collections of books or libraries belonging to or placed under 
the charge of said party of the second part; and said School Board may. 
temporarily or permanently intrust to said Board of Managers the 
the control and management of other libraries or collections of books 
belonging to or placed under the charge of said party of the second 
part. 

Fourthly. That the library purchased of s aid party of the first part, 
and the permanent additions thereto, shall be managed by sixteen agents 



ACTS IN TERMS APPLICABLE. 49 

of the party of the secoad part, who shall be called the Board of Mana- 
gers of the Public School Library, and shall be appoihted as follows : 
The said party of the second part, on the second Tuesday of May, 1869,. 
or as soon thereafter as practicable and every year thereafter, shall select,. 
in such manner as they may determine, nine persons to act as such 
managers; and all persons over the age of eighteen years, who shall be 
entitled to the use of said library for life, shall meet at the Library room on 
the first Tuesday of May, 1869, and every year thereafter, and shall, under 
the presidency and superintendence of the President of the School Board, 
elect by ballot seven persons to act as managers fol- the ensuing year. 
Any vacancies created by resiguation, death or otherwise, shall be filled as 
speedily as possible in the manner above indicated. The Board of 
Managers thus elected and appointed shall have such powers only, and 
shall perform such duties, as shall be delegated to or imposed upon them, 
from time to time, by said party of the second part ; and the powers thus 
delegated and duties imposed upon the Board of Managers may be changed 
or modified by said party of the second part at its option, from time to 
time, in the same manner as the rules established for the government of 
the said Board of Public Schools are changed. 

Fifthly. The terms and conditions of this agreement may be altered," 
modified, or abrogated, in whole or in part, by the consent of said 
party of the second part, and of the majority of all persons who, at the 
time of such proposed change, shall be entitled to the use of said library 
for life. 

Sixthly. In case the said party of the second part shall fail to comply 
with the terms and conditions of this agreement, said party of the first 
part, or any person or persons interested in the performance of this 
agreement, may make complaint of such failure before any court of com- 
petent jurisdiction; and if said party of the second part, being duly 
summoned and heard in the premises, shall be adjudged to have violated 
this agreement, and shall not conform to the same in such manner and 
within such time as the court may, by its judgment or deci'ee, direct, 
then and in such case the library hereby convejed, and the additions 
made thereto, shall revert to and become the property of such persons 
as shall be entitled to the use of the same at the time of such reversion, 
and shall organize themselves into a corporation under the laws of this 
State for the purpose of maintaining said library. 

In witness whereof, the Board of Trustees of the Public School Library 
Society of St. Louis, under authority delegated to them by the said 
society, party of the first part hereto, aud the President of the said 
Board of Public Schools, on behalf of the said party of the second part, 
have hereunto set their hands, and caused to be affixed the corporate seals 
of said corporations, in the city of St. Louis and State of Missouri, this 
seventeenth (17th) day of April, in the year of our Lord, one thousand 
eight hundred and sixty-nine (1869). 
4 



50 ACTS IN TERMS APPLICABLE. 

Maintenance and extension of libraiy — " This Board has full power 
and authority under its charter and the general school laws of the State, 
as well as under and by virtue of the act of 1874 (Laws Mo. 1874, p. 383), 
to expend the money of the Board in the maintenance or extension of the 
Public School Library." Atty's Opinion, III. Off. Proc. 157. 

Branch libraries — Dues — The following amendment to section VI. 
of the Eules and Regulations governing the Library, was submitted to the 
Attorney for his opinion as to its validity: — 

"Any incorporated library association or other incorporated associa- 
tion formed for similar purposes, may, at the discretion of the Board of 
Managers become entitled to all privileges of the library, subject to its 
rules and regulations, by taking out not less than fifty (50) annual mem- 
berships, paying for the same the sum of two dollars ($2) per annum in 
advance for each membership; provided, such associations assume all the 
expenses of administration and become responsible for the safe return 
and proper keeping of the books; and also provided, That the location 
of such association is approved by the Board of Managers as suitable for 
a branch library." 

The attorney stated that he could see no legal objection to the proposed 
amendment, nor any valid legal objection to a charge being laid by any 
branch association on its members greater than the annual i-ate paid by 
such association for -such member. Atty's Opinion, IV. Off. Proc. 277. 

Change of name — The School Board has the legal right to change the 
name of the Public School Library. Atty's Opinion, V. Off. Proc. 281. 

Effect of charter of Public School Library Society — The limita- 
tion established by the second section of the act to incorporate a public 
school library society in the city of St. Louis, approved February 2, 1865, 
fixes the amount to be paid for life membership at twelve dollars, is 
binding on the School Board and can not be increased by any action on 
its part. Atty's Opinion, III. Off. Proc. 55. 

Library fees and dues — The cost or price of the privileges of the 
Pulilic School Library is a matter exclusively within the control of the 
School Board, free from the restrictions contained in the charter of the 
Public School Library Society. Atty's Opinion, IV. Off. Proc. 489. 

Now-resident members — The School Board may increase the cost of 
library privileges for non-residents of the city. Atty's Opinion, IV. Off. 
Proc. 505. 

Life members. — The Board of Managers of the Public School Library 
have no right or power to make any assessment upon the life members 
of the Public School Library. Atty's Opinion, III. Off. Proc. 148. 

Contract to expend certain sums — " By the contract with the "Wash- 
ington University the Board is under obligation to expend some part of 
the $6,000 every year on the library. What amount shall be so expended 



ACTS IN TERMS APPLICABLE. 51 

is not designated, and is left, so far as that contract is concerned, to 
the discretion of the Board. 

But there is another contract that affects this question, and which 
does fix a definite amount to be expended annuallj^on the library. 

On the 17th day of April, 1869, the Public School Library Society of St. 
Louis transferred to this Board all its books and other property. The 
deed recites that this Board, in consideration of said transfer, agreed, 
among other things, to expend not less than three thousand ($3,000) 
dollars a year on the librai-y. The library thus transferi-ed was by the 
terms of the deed placed under the control of sixteen (16) agents of 
the Board, nine of whom were to be selected by the Board. 

This deed was, as shown by the minutes of the Board, drawn under the 
suggestion of this Board, and in accordance with the opinion of the then 
attorney of the Board. The Board has since that time taken control of 
the Library, has appointed the managers provided by the deed, and has in 
every way recognized the validity of the transfer. I think, therefore, that 
although the deed was not executed on the part of the Board with the 
usual formalities, it would now be estopped from disputing the validity of 
the contract. And as all doubt of its power to appropriate money to such 
purposes was set at rest by the act of 1874 (Acts 1874, p. 383), I am of 
opinion the contract is binding. 

My conclusion is that the Board ought to continue to expend for the 
increase and maintenance of the Public School Library at least the sum 
of three thousand ($3,000) dollars annually, and that proper steps ought 
to be taken to secure the amount due it from Washington University." 
Atty's Opinion, IIL OflE. Proc. 185. 



ST. LOUIS SCHOOL-LAND DIVISION NET PROCEEDS OF SEC- 
TION 16, TOWNSHIP 45 RANGE 7, 

AN ACT providing for the division of the net proceeds of the sales of 
section sixteen, in township forty-five, north, range seven, east, in the 
county of St. Louis, and to repeal an act entitled, "An act to provide for 
the division of the net proceeds of the sales of section sixteen in township 
forty-five, north, range seven, east, in the county of St. Louis," approved 
February 28, 1874, [Laws Mo. 1875, p. 419.] 

Be it enacted by the General Asseynhly of the State of 
Missouri, as follows: 

Section 1. Appropriation of funds — That one-fourth of 
the net proceeds of the sales, which have heretofore been 
made, and which may hereafter be made, of section sixteen, 



52 ACTS IN TERMS APPLICABLE. 

in township forty-five north, range seven east, in the county 
of Saint Louis, shall be applied, according to the number of 
children between the ages of five and twenty years, within 
that portion of said township which is not included within 
the limits of the city of St. Louis, for school purposes in 
said township. 

Sec. 2. County court may loau — All that portion of 
said proceeds required by this act to be applied within that 
portion of said township, which is not included within said 
city, together with all interest thereon, shall be held, loaned 
and managed by the county court of St. Louis county^ and 
the ofiicers thereof, in the same manner and under the same 
rules and regulations that the general laws of the state 
require the net proceeds of the sales of the other school 
lands in this state to be held, loaned and managed and the 
interest arising therefrom shall be applied to school pur- 
poses, according to the number of children between the 
ages of five and twenty years, in that portion of said town- 
ship which is not included within the said city, in such 
manner as the trustees of the respective school districts 
therein shall deem best for the public good. 

Sec. 3. Application of funds — That the proceeds of 
the sale of said section sixteen in township forty-five north, 
range seven east, together with the interest thereon, which 
may now be in the possession of the county treasurer of 
St. Louis county, and to be applied for school purposes, 
under the provisions of this act, and authorized to be 
divided under an act entitled an act to provide for the divis- 
ion of the net proceeds of the sales of section sixteen, in 
township forty -five north, range seven east, in the county 
of St. Louis, approved February 28, 1874, shall be applied 
in accordance with sections one and two of this act. 

Sec. 4. Repealing- former act — That the act entitled 
an act to provide for the division of the net proceeds of the 
sales of section sixteen, in township forty-five north, range * 



ACTS IN TERMS APPLICABLE. 53 

seven east, in the county of St. Louis, approved February 
28, 1874, is hereby repealed. 

Sec. 5. inconsistent acts repealed — All acts and parts 
of acts inconsistent with this act are hereby repealed. 

Sec. 6. Act to take effect, when — This act to take 
effect and be in force from and after its passage. 

Approved March 27, 1875. 

education of colored children. 

AN ACT to amend an act entitled " An act providing for the education 
of colored children in the City of St. Louis," approved January 14, 
1865. [Laws Mo. 1875, p. 349.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

Section 1. Board shall make provision for educating 
colored children and maintain high school — The above- 
entitled act is hereby amended so as to read as fol- 
lows : Section 1. The board of president and directors of 
the St. Louis public schools shall make suitable provision 
for the education of the colored children of said city; and 
for the purpose of educating the colored children of said 
city, in the advanced studies, the said board shall provide 
for and maintain a high school, and shall, if necessary, erect 
a building for that purpose. 

Sec. 2. Department of normal instruction — For the 
purpose of training teachers, the said board of president 
and directors of the St. Louis public schools are hereby 
authorized to establish and maintain, in the high school 
provided for in the foregoing section, a department of 
normal instruction. 

Sec. 3. Inconsistent acts repealed — All acts and parts 
of acts inconsistent with this act are hereby repealed. 

Sec. 4. Act to take effect, when — This act to take effect 
and be in force from and after its passage. 

Approved March 17, 1875. 



54 ACTS IN TERMS APPLICABLE. 

In an opinion presented to the Board September 14, 1875, the Attorney 
says: — 

" The constitution provides, Art. 9, Sec. 2: ' Separate schools may be 
established for children of African descent,' making the establish- 
ment of separate schools for colored children mandatory, according to the 
accepted legal construction of the word 'may' in such cases." He then 
states in substance that under an act of January 14, 1865, and the above 
act of March, 1875 [which repeals the act of January 14, 1865], and the 
constitutional provision above quoted, it " appears that the law imposes 
upon this Board the obligation to provide for and maintain a separate 
high school for colored children in this city, and that a total discontinu- 
ance of such school is not within the legal power of the Board. That, on 
the other hand, while the colored people may enforce the maintenance of 
such separate high school by appropriate legal proceedings, the Board 
cannot be forced to admit colored children into the Central or Branch 
High School in any event." Atty's Opinion, II. Off. Proc. 59. 

See State constitution, article XL, section 3, on page 188 of this com- 
pilation. See also Acts approved March 16, 1883 [Laws Mo. 1883, p. 188], 
and Act approved April 2, 1883 [Laws Mo. 1883, p. 187], on pages 149, 
150 of this compilation. 



APPLICATION OF SCHOOL FUND. 

AN ACT to amend an act entitled " An act to provide for the support 
of public schools, and to revise and ameud the laws relating thereto, 
and to repeal certain acts and parts of acts," approved March 19, 1870, 
approved March 26, 1874. [Laws Mo. 1877, p. 406.] 

Be it enacted by the General Assembly of the State of 
Missouri, as folloivs: 

Section 1. Investment of fund — Section eighty-four 
of the act of which this is amendatory, is hereby amended 
so as to read as follows : Section 84. Whenever there shall 
be in the treasury, or elsewhere, subject to the order of the 
Treasurer, any money belonging to the capital of the public- 
school funds, the State Auditor shall make report thereof 
to the State Board of Education, who shall direct the invest- 
ment of the same in bonds of the United States, or bonds 
of the State of Missouri. That portion of the income and. 
revenue to be distributed for the support of the public 



ACTS IN TERMS APPLICABLE. 55 

schools, shall be payable on the warrant of the Auditor in 
favor of the treasurers of the several counties in each 
year, immediately after the apportionment of such moneys 
shall have been made and filed : Provided, That such por- 
tion of said income and revenue as falls to the share of the 
county of St. Louis, as formerly constituted, shall, in the 
year 1877, be payable on the warrant of the Auditor in 
favor of and to the Board of President and Directors of St. 
Louis Public Schools, and shall be apportioned at once by 
said board, in conjunction with the county court of St. 
Louis county, as now constituted, among the city and 
school districts in the county, according to the enumeration 
had of children of schools ages resident therein, respectively. 
And in and after the year 1877 the Board of President and 
Directors of the St. Louis Public Schools, shall return the 
annual enumeration made by it of children of school age, 
resident within said city, to the State Superintendent of 
Public Schools, and it shall be the duty of the State 
Superintendent of Public Schools to apportion to said 
city, its share of the annual income of the public school 
funds upon such enumeration and return, and certify the 
same to the State Auditor, and the State Auditor shall 
annually, immediately after such apportionment has been 
made and filed, draw his warrant for its share thus appor- 
tioned, in favor ot the Board of President and Directors 
of the St. Louis Public Schools on the State Treas- 
urer. 

Sec. 2. Emergency clause. — An emergency having 
arisen calling for immediate relief on the subject men- 
tioned in this act, it is hereby provided that this act 
shall take effect and be in force from and after its pass- 
age. 

Approved April 24, 1877. 



56 ACTS IN TERMS APPLICABLE. 



VESTING LANDS ACCEPTED BY STATE IN THE ST. LOUIS BOARD 
OF PUBLIC SCHOOLS. 

AN ACT in relation to the title to certain school lands in township 45, 
north, range 7, east of the fifth principal meridian. [Laws Mo. 1879, 
p. 197.] 

Whereas, a notice was published in the St. Louis Globe- 
Democrat, for at least thirtj days prior to the 3d day of 
February, 1879, as follows, to-wit : — Notice of intention to 
apply for a local law. Notice is hereby given that numer- 
ous citizens of the city of St. Louis, State of Missouri, in 
tend to apply to the General Assembly of said State, at as 
early a date as practicable after the 3d day of February, 
1879, for the passage of a local or special law, the object of 
which law is to pass to the board of president and directors 
of the St. Louis public schools, the title of the State to 
the lands situated in township 45, north of range 7 east, 
held by the State for the use of schools, and which were 
granted to the State for such use by the act of Congress of 
June 15th, 1864. Thomas Richeson, President of the 
Board, etc., St. Louis Public Schools; Milton H. Wash, 
Secretary. 

Be it enacted by the General Assembly of the 8tate of 
Missouri, as follows: 

Section 1. Title vested in Scliool Board — That all the 
right, title and interest of the State of Missouri, in and to 
all lots, tracts, pieces and parcels of land, situate, lying and 
being in township forty-five north of the base line in range 
seven, east of the fifth principal meridian in the State of 
Missouri, which were acquired by said State under and by 
virtue of an act of Congress, approved June 15th, 1864, 
entitled "An act concerning school lands in township 45 
north, range 7 east, in the State of Missouri," be and the 
same are hereby granted and conveyed to and fully vested 



ACTS IN TERMS APPLICABLE. 57 

in the board of president and directors of the St. Louis 
public schools, for the use and support of public schools in 
said township. 

Approved May 12th, 1879. 

See Actcf Congress approved June 15, 1864, [13 U. S. Stats, at Large, 
p. 132], granting these lands to the State of Missouri, on page 241 of this 
compilation; also Act of Legislature approved January 14, 1865, [Laws 
Mo. 1864-5, p. 336], accepcing them on page 33 of this compilation. 



SCHOOL LANDS — SIXTEENTH SECTIONS. 

AN ACT in relation to the title to the sixteenth section in certain 
townships. [Laws Mo. 1879, p. 199.] 

Be it enacted by the General Assembly of the State of 
Missouri^ as follows: 

Section 1 . Sixteenth section — Lands vested, when — 

"Whenever any township, in which the sixteenth section 
granted by the United States to the State of Missouri for 
the use of schools, or any part thereof, remains undisposed 
of, lies wholly within the limits of any incorporated city, 
the title to the sixteenth section of such township, or such 
portion thereof as now remains undisposed of, shall be and 
the same is hereby vested in the corporation havino; by law 
the management of the public schools in such city, by what- 
ever name or title such corporation may be known or desig- 
nated : Provided, that if, by any law of the State now in 
force, commissioners have been appointed to take charge 
and dispose of any such sixteenth section, no action or pro- 
ceeding commenced by such commissioners, for the recovery 
of the same, or any part thereof, and no contract made 
with attorneys for the prosecution of such actions or 
proceedings, shall be in anywise affected by the change of 
title herein provided for, but all such actions and pro- 
ceedings shall continue in the name of, and be carried to a 



58 ACTS IN TERMS APPLICABLE. 

final determination by 8ucli commissioners, and all the 
rights, title, benefits and interest acquired by said com- 
missioners, or the State of Missouri, by virtue of any such 
action or proceeding, shall, upon the determination thereof, 
vest in such corporation, and such corporation shall there- 
after have full charge and control of the property and funds 
so acquired. 

Sec. 2. Report of cominissioners — Compensation, how 
determined — Said commissioners shall make report of 
their actions, proceedings and expenditures to such corpo- 
ration, and shall be entitled to a reasonable compensation 
for their services, to be fixed by three arbitrators, one of 
whom shall be chosen by such corporation, one by such 
commissioners, and the third by the two chosen by the par- 
ties. Said arbitrators, so selected, shall hear the evidence 
and award such compensation as they may think such com- 
missioners are justly and equitably entitled to, to be paid 
by such corporation ; and such award shall be final and 
binding on all parties. All compromises agreed upon by 
such commissioners with any adverse claimant to the lands 
hereinbefore mentioned, or any portion thereof, shall be 
submitted to said corporation for approval, and, if approved 
by said corporation, deed shall be executed by such corpora- 
tion to such iidverse claimant. 

Approved May 16th, 1879. 

-« 

See Act providing for appointraeut of commissioners for disposal of 
sixteentli section, on page 30 of tliis compilation. 

Explanatory Statement. — For a statement explanatory of the 
above act and a resume of the proceedings of the commissioners, see 
" Sixteenth Section Commissioners," III. Off. Proc. 203. 

Litigation with Commissioner — On July 22, 1880, Wm. Glasg )w, 
Jr., sole surviving Commissioner of the sixteenth section brought suit in 
the St. Louis Circuit Court, and an alternative writ of mandamus was 
issued requiring the School Board to proceed with the arbitration pro- 
vided for in section 2 of the above act. Atty's Eeport, IV. Off. Proc. 6. 

A m )tiou to quash the alternative writ, on the ground that the relator 



ACTS IN TERMS APPLICABLE. 59 

had a complete remedy at law to obtain such compensation as he was 
entitled to; and that the Legislature had no power to deprive the Board 
of the ordinary methods of adjusting its obligations, which was filed by 
the Attorney for the Board, was sustained. Atty's Report, IV. Off. Proc. 
33, 84. 

The Board and the Commissioner subsequently agreed upon the amount 
of compensation to be allowed him and his suit was dismissed. V. Off. 
Proc, pp. 53, 56. 

Comproinises by Commissioner — A report of certain compromises 
offered by the Commissioner; and a statement by the Ways and 
Means Committee respecting the sixteenth section litigation was made 
to the Board January 8, 1884. See V. Off. Proc. 96, 97. 

Reversal of Glasgow V. Baker — The Commissioner reported the re- 
versal in the State Supreme Court of the case of Glasgow v. Baker, and 
that he had talsen an appeal to the Supreme Court of the United States. 
The Board authorized that a bond for costs be given in its behalf. V. 
Off. Proc. 377. 

Litigation witli Commissioner — The Attorney of the Board was in- 
structed to take such legal means as he might think best to preyentthe 
sale of sixteenth section land advertised by the Commissioner without 
consent of the Board. V. Off. Proc. 568. 

The Attorney reports that he has learned that the Commissioner has 
in his hands $5,000 in cash and $2,000 in notes, the proceeds of com- 
promises, and that he will make demand for same. V. Off. Proc. 592. 



PERMANENT FUND. 

AN ACT to preserve the public school funds of cities and towns of this 
State. [Laws Mo. 1879, p. 205.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

Section 1. Permanent school fund — All school lands 
heretofore granted, by the General Assembly, to any city 
or town, or to any incorporated board for the benefit of 
any city or town, or the inhal)itants thereof, tor the pur- 
poses of public education, including all lands set apart or 
granted by the general government of the United States 
to this State, and lying within the limits of such city or 



60 ACTS IN TERMS APPLICABLE. 

town, for support of schools, tind o;ranted to or placed in 
charge of snch city, town or incorporated board as aforesaid, 
shall constitute the permanent school fund of such city or 
town, only the income of which shall be used for the sup- 
port of the public schools in such city or town. 

Sec. 2. Right to sell lands not affected, provided, etc. — 
Nothing herein contained shall affect the existing right of 
any city or town or incorporated board to dispose of 
such lands : Provided, that the proceeds be duly invested 
and only the income thereof used for the support of 
schools. 

Approved May l()th, 1879. 

See Art. XIV., section 1, of the State Constitution in reference to 
the primary disposal of the soil on page 194 of this compilation. 

Effect of act — Before the passage of the above act it seems that, that 
part of the real estate which, prior to the adoption of the Scheme and 
Charter, was held by the Board might have been disposed of as the Board , 
saw fit; but tliat the money or property derived from the county school 
capital was to be securely invested, and the income thereof only used. 
See Atty's Opinion, III. Off. Proc. 180. 

In reference to the act above set forth, the Attorney of the Board 
states: " In brief, then, the effect of the law is this: All the lands which 
have been derived from the State or the United States, and which shall 
remain undisposed of on the 18th day of August, 1879 [the date when the 
law went into effect] must hereafter be retained intact, and if any part 
thereof shall be hereafter sold the proceeds must be invested in an income- 
bearing investment and the principal maintained intact. The income 
from such lands, or from the invested proceeds thereof, may be used for 
the current expenses of tlie Board. All other property of the Board, 
except that above mentioned in this paragraph, may, so far as tlie law in 
question is concerned, be used for the current expenses of the Board." 
Atty's Opinion, III. Off. Proc. 265. 

Action of the Board respecting the act — A motion to memorialize 
the General Assembly to amend the above law so that the proceeds of 
sales might be invested in real estate for school purposes and in the 
erection of school houses thereon was referred to the Legislative Com- 
mittee. IV. Off. Proc. 93. 

The report of the Legislative Committee ^recommended that no action 
by the Board be taken in reference to amending the act. The report was 



ACTS IN TERMS APPLICABLE. 61 

not adopted. But the motion to memorialize the General Assembly was 
adopted with an amendment. IV. Off. Proc. 98. 

January 13, 1885, a citizens' memorial, in advocacy of new High School 
and suggesting amendment to Permanent Fund law allowing the lands 
in the fund to be sold and proceeds to be Invested in other property for 
school sites and in school buildings was presented to the Board. V. Off. 
Proc. 283, 307. 

Remonstrance by citizens on same subject. V. Off. Proc. 307. 

Classification of Permanent Fund and other realty belonging to the 
Board by the Attorney. V. Off, Proc. 543. 

Investment of funds. — In reference to an act of the General Assem- 
bly entitled "An act to preserve the Public School funds of cities 
and towns of this State, approved May 16, 1879, the Attorney of the 
Board says: "The question remains as to what is meant by the term ' in- 
vested.' No particular method of investment is pointed out, either in 
this act or any other, in which this Board shall invest its funds. It 
seems to ^be left, therefore, discretionary with the Board. It is clear, 
however, that, whatever form of investment is selected, it will be such 
as will leave the original fund unimpaired, so far as that can be predi- 
cated of any investment; and the act seems to contemplate an income- 
bearing investment." Atty's Opinion, III. Off. Proc. 266. 

Coinciding with and quoting the language of his predecessor, above 
given, the Attorney of the Board states that his opinions is: " That there 
is no limitation of the power of investment, so long as the Fund in the 
best judgment of the Board is not impaired thereby and merely the 
income used for the support of the schools." Atty's Opinion, V, Off. 
Proc. 145. 

Special tax bills. — In reference to a resolution which recommended 
that all special tax bills assessed against real . estate belonging to the 
permanent fund when ordered paid should be paid out of and charged 
to that fund, the Attorney having been called on for an opinion, thus ex- 
presses his views: "The theory upon which the law. justifies the assess- 
ment of special tax bills against real estate, is that the work done or 
property taiien for which the assessment is made confers a permanent 
improvement upon the property against which the tax is assessed. This 
being the theory underlying the laws regarding special tax bills, it must 
be assumed that the assessment of a valid special tax bill against realty 
imparts a permanent improvement of such real estate to the extent of 
the amount of the bill. The payment of such a special tax bill would 
then, in my opinion, be deemed an investment in a permanent improve- 
ment upon the realty, and when such real estate belongs to the Perma- 
nent Fund, the amount to be paid may be taken out and charged to said 
Fund." Atty's Opinion, V. Off. Proc. 145. 



62 ACTS IN TERMS APPLICABLE. 



ENUMERATION OF CHILDREN. 

AN ACT to amend Article 1 of Chapter 150 of the Revised Statutes, 
entitled " Of Schools," by stril^iDg out Section 7049, and substituting a 
new section in lieu thereof, to be numbered Section 7049. [Laws Mo. 
1881, p. 203.] 

Be it enacted hy the General Assembly of the State of Mis- 
souri, asfolloivs: 

Section 1 . Enumeration of cliilclren, time of — Duty of 
directors and clerk — That Section 7049 of the Revised 
Statutes of 1879 be and the same is hereby repealed, and 
the followins: substituted therefor: Section 7049. It shall 
be the duty of the directors of each district to take or cause 
to be taken and forwarded to the clerk of the count}' court 
and to the county commissioner, and it shall be the duty of 
each school board having special charge of public schools of 
any city to take or cause to be taken between the 31st day 
of May and 15th day of June of each year, an enumeration 
of the names of the white and colored youths, noting them 
therein separately, between the ages of six and tweuty 
years, resident in the district or city respectively, designat- 
ing male and female. The directors of each' district shall 
also take, or cause to be taken, an alphabetical list of the 
resident tax-payers of said district. It shall be the duty 
of the clerk to record the same in the record of the dis- 
trict. The school board of any city having more than 50,000 
inhabitants may relieve itself of the duty aforesaid four 
times in everj^ period of five years, by passing a resolution 
each year adopting the last enumeration therein made as 
its enumeration of persons of school age in said city for 
such year, and thereupon such last enumeration shall be 
deemed returned and taken as its enumeration for such year 
for all purposes under this chapter. 

Approved March 26, 1881. 



ACTS IN TERMS APPLICABLE. 63 



DIRECTORS, NUMBER OF QUALIFICATIONS OF VOTERS 

ELECTION DISTRICTS. 

AN A.CT fixing the number of Directors of Public School Boards and 
prescribing the qualifications of electors therefor. [Laws Mo. 1881, p. 
207.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows : 

Section 1. J^umber of directors to each ward — That 
in all cities in this State where the public schools and school 
property are under the control and management of a cor- 
poration created and existing under and by virtue of a 
special charter, the number of the directors of said corpora- 
tion, by whatever name it may be known, shall not exceed 
the number of wards in the city in which it is located : Pro- 
vided, that if the number of wards in any such city shall 
not exceed twelve, then the number of directors shall not 
be more than double the number of wards in such city. 

Sec. 2. Qualifications of voters — At all elections for 
directors of the corporation in this act mentioned, all per- 
sons shall be entitled to vote, who are, under the laws in 
force for the time being, qualified voters for city officers 
in the city where such corporation is located: Provided, 
that the election districts referred to in any laws pre- 
scribing the qualifications of such electors, shall be con- 
strued to mean such districts as the respective boards may 
establish for each election, when such boards have power 
under their respective charters to prescribe the manner, 
time and place of conducting such elections : And pro- 
vided , further, that this act shall not be deemed to im- 
pair in any way the power of any board to prescribe the 
time, place and manner of conducting the elections of its 
membei's, whenever such right is granted to any board 
in its charter. 



64 ACTS IN TERMS APPLICABLE. 

Sec. 3. Inconsistent acts repealed — All acts and parts 
of acts inconsistent with the foregoing are hereby re- 
pealed. 

Approved March 17, 1881. 

See Section 3 of School Boai'd charter on page 11 of this compilation. 



REGISTRATION OF VOTERS. 

AN ACT to provide for the registration of all voters in cities having 
a population of more than one hundred thousand inhabitants, and to 
govern elections in such cities, and to create the office of " recorder of 
voters," and to repeal an act entitled " An act to provide for the regis- 
tration of all voters in cities having a population of more than one hun- 
dred thousand inhabitants, and to govern elections in such cities, and to 
repeal an act entitled an act to provide for the exercise of the right of 
voting by persons who have failed to register, approved March 30, 1877, 
and all acts and parts of acts conflicting therewith," approved March 21, 
1881. [Laws Mo. 1883, p. 38], contains among others the following 
sections : 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows : 

Section 1. In what cities registration authorized — 

There shall be a registration of all the qualifieil voters in 
cities having a population of an hundred thousand inhabi- 
tants or more, which registration shall be had under the 
provisions of this act and not otherwise. 

Sec. 2. Qualification of voters — Every male citizen of 
the United States, and every person of foreign birth who 
may have declared his intention to become a citizen of the 
United States, according to law, not less than one year nor 
more than five years before he offers to vote, who is over 
the age of twenty-one years, who has resided in this state 
one year next preceding the election at which he offers to 
vote, and during the last sixty days of that time shall have 
resided in the city, and during the last twenty days of that 
time in the precinct at which he offers to vote, who has 



ACTS IN TERMS APPLICABLE. 65 

not been convicted of bribery, perjury or other infamous 
crime, not directly interested in any bet or wager depend- 
ing upon the result of the election, nor serving at the time 
in the regular army or navy of the United States, shall be 
entitled to vote at such election for all officers, state or 
municipal, made elective by the people, or at any other 
election held in pursuance of the laws of this state, but he 
shall not vote elsewhere but in the election precinct where 
his name is registered and whereof he is registered as a res- 
ident. 

Sec. 7. Illegal registration or voting — Pnnislinient — 

Whoever shall wilfully register as belonging to any other 
election precinct than the one in which he resides at the 
time of his registration, or shall register under an assumed 
name or names other than his own, or who shall wilfully 
register in more than one election precinct, or as living at a 
place or the number of a street where he does not live, or 
shall vote under another name than his own, or vote in a 
precinct where he does not at the time reside, or shall wil- 
fully or illegally procure his name to be placed upon the 
registry list of voters when not entitled thereto, or vote or 
offer to vote when not entitled thereto at any election, 
state or municipal, shall be deemed guilty of a felony, and 
upon conviction thereof shall be imprisoned in the peniten- 
tiary for a term not exceeding five years. 
* ****** ^ 

Sec. 24. Elections to be conducted as required by 
law — All elections in such city shall be conducted in all 
respects as provided in this act, and subject to all the pro- 
visions of the Revised Statutes, entitled " Of elections," so 
far as the same do not conflict with this act, and to an act 
entitled " An act to provide for the punishment of persons 
for giving or receiving any money or other valuable thing; 
5 



66 ACTS IN TERMS APPLICABLT:. 

to be used for electioneering purposes," approved March 
18th, 1874. 

Approved March 31, 1883. 



TEACHERS CERTIFICATES. 

AN ACT exempting schools opei'ated under special charters from the 
provisions of section 7076 of chapter 160 of the Kevised Statutes of 
Missouri. [Laws Mo. 1885, p. 250.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

Section 1. Certain schools exempted — All schools in 
this state operated under special charters are hereby ex- 
empted from the provisions of section 7076, chapter 1.50 
of the Revised Statutes of Missouri, entitled " of schools." 

Approved March 24, 1885. 

The following is the section above referred to: — 

Section 7076. Teachers — Certificate before employment — No teacher 
shall be employed in any school supported by the public funds, or any 
part thereof, until he has received a certificate of qualification therefor, 
signed by the commissioner of the county where he or she intends to 
teach, except those holding certificates from the state superintendent, 
and then in force. 

RE-ESTABLISHING WARD LIMITS. 

AN ACT to secure equal representation in all cities and towns in this 
state. [Laws Mo. 1885, p. 72.] 

Be it enacted by the General Assembly of the State of Mis- 
souri, as follows : 

Section 1. Wards, how laid out — In all cities and towns 
in this state where the same are laid out in wards for the 
election of members of the municipal assembly, by what- 
ever name such assembly may be called, and for the elec- 



ACTS IN TERMS APPLICABLE. 67 

tion of school directors, the wards shall be laid out by such 
assembly, so that each ward shall contaiu, as near as prac- 
ticable, the same number of registered voters. 

Sec. 2. Proceedings when municipal assembly fails to 
re-establish ward limits — Incase of failure on the part 
of such body to establish and define ward limits, as hereiu 
provided, within twelve months after the passage of this 
act, any judge of the circuit court, if in session, whose terri- 
torial jurisdiction extends over such city or town, shall, on 
the petition of teit citizens of such city or town, appoint a 
commission to consist of three persons, whose duty it shall 
be to establish corrected ward limits, which correction shall 
be made as near as practicable, so as to equalize the num- 
ber of registered votes in each ward, and in such correction 
they shall not be governed or controlled by any old ward 
lines, except so far as the same may secure the purposes of 
this act. 

Sec. 3. Petition to contain what — When not to be 
entertained — Such petition shall not be entertained by 
any such judge or court, unless it appear thereby that the 
ward lines of such city or town have not been changed 
within the preceding five years. Said petition shall be 
verified by affidavit, and shall allege that the number of 
voters in the various wards are not as nearly equal as it is 
practical to make them. 

Sec. 4. Commissioners to take oath — Compensation. 
The said commissioners shall take an oath faithfully to 
discharge the duties assigned to them, and they shall re- 
ceive a reasonable compensation for their services, to be 
allowed by the judge or court appointing them, and to be 
paid out of the treasury of such city or town, on the order 
of such judge or court. 

Sec. 5. Commissioners to file report — Proceedings 
on — Said commissioners shall file a report of their work 
within ninety (90) days from date of appointment, with the 



68 ACTS IN TERMS APPLICABLE. 

judge or court appointing them, and a copy thereof with the 
mayor or other executive officer of such city or town ; and 
when said report shall have been approved by such court 
in general term, the ward lines so established and defined 
by said commissioners shall be the legal boundaries of such 
wards for all purposes for the succeeding five years, and 
until changed by the proper authorities. 

Sec. 6. Recorder of Voters to render assistance — The 
recorder of voters of such city or town shall, without com- 
pensation, render such assistance as said commissioners 
shall require in the discharge of their duties. 

Approved March '61, 1885. 

See Section 4, Article 1, of City Charter, on page 202 of this compila- 
tion and in note below. 

See resolution in reference to above act " Redistricting of Ward 
Boundaries." V. Off. Proc. 340. 

The Charter of the city of St. Louis was adopted in 1876. In it was a 
provision for the purpose of re-districting ttie wards by the Municipal 
Assembly every five years. Nearly a decade elapsed and the Assembly 
not having taken any steps in the matter, the Legislature passed the 
above law. The text of the section in the City Charter referred to is as 
follows : 

" Sec. 4. Correction of ward limits — The municipal assembly shall, 
every five years after the adoption of this charter, establish corrected 
ward limits, which correction shall be made as near as practicable so as 
to equalize the number of registered voters in each ward; but in making 
the division the present eastern and western boundaries shall be retained, 
so that Rosatti, Twelfth and Eleventh streets, Jefferson avenue and the 
present city limits shall remain division li&es." 

It will be noticed that the chief difference between the Charter provision 
and the Act of the Legislature is that the former seeks to retain certain 
streets and the present city limits as ward boundaries in the redistricting 
while the second section of the Act specially provides that all old lines 
may be ignored. 



F£OM THE 

REVISED STATUTES 

OP THE 

STATE OF MISSOURI 

OF 1879. 



APPROPRIATION AND VALUATION OF LANDS TAKEN FOR TELE- 
GRAPH, TELEPHONE, GRAVEL AND PLANK OR RAILKOAD 
PURPOSES. 

[I. Mo. Eev. Stat. 1879, Ch. 21, Art. 6, p. 160.] 

See Sec. 21, Art. II., State Constitution and note thereto in reference 
to taking private property for public use, and § 7051 Revised Statutes of 
1879 [II. Mo. Rev. Stat., 1879, p. 1388] on pages 119, 177 of tliis compilation. 

Sec. 892. Lauds may be condemned, when — petition, 
etc. — In case lands or other property are sought to be ap- 
propriated by any road, railroad, telephone, telegraph or 
other corporation created under the laws of this state, for 
public use, and such corporation and the owners cannot agree 
upon the proper compensation to be paid, or in case the owner 
is incapable of contracting, be unknown, or be a non-resident 
of the state, such corporation may apply to the circuit 
court of the county where said land or any part thereof 
lies, or the judge thereof in vacation, by petition, setting 

(.69) 



70 REVISED STATUTES 1879. 

forth the general directions in which it is desired to con- 
strnct their road, railroad, telephone or telegraph line over 
such lands, a description of the real estate or other prop- 
erty which the company seeks to acquire, the names of the 
owners thereof, if known, or if unknown, a pertinent de- 
scription of the property whose owners are unknown, and 
praying the appointment of three disinterested freeholders 
as commissioners, or by a jury, to assess the damages which 
such owners may severally sustain in consequence of the 
establishment, erection and maintenance of such road, rail- 
road, telephone or telegraph line over such lands ; to which 
petition the ownej'S of all such parcels as lie within the 
county or circuit shall be made parties defendant, by name, 
if the names are known, and by the description of the un- 
known owners of the lands therein described, if their names 
are unknown. If the proceedings seek to affect the lands 
of jiersons under guardianship, the guardians must be made 
parties defendant: if the land of married women, their 
husbands must be made parties defendant. If the present 
owner of any land to be affected has a less estate than a 
fee, the person having the next vested estate in remainder 
may, at the option of the petitioners, be made party de- 
fendant ; but if such remainder men are not made parties, 
their interest shall not be bound b}' the proceeding. It 
shall not be necessary to make any [)ersons party defend- 
ant in respect to their ownershi[), unless they ^re either in 
actual possession of the premises to be affected, claiming 
title or have a title to the premises, appearing of record 
upon the proper records of the county. 

8ec. 893. Summons, when to Issue, how served — Publi- 
cation, when — Upon the filing of the petition, a summons 
shall be issued, giving such owner at least ten days notice 
of the time when said petition will be heard, which sum- 
mons shall be served by the sheriff of the county, in the 
same manner as writs of summons are or may be, by law. 



REVISED STATUTES 1879. 71 

required to be served. If the name or residence of the 
owner be unknown, or if the owners, or any of them, do 
not reside within the state, notice of the time of liearing the 
petition, reciting the substance of the petition and the day 
fixed for the hearing thereof, shall be given by publication 
for three weeks, consecutively, prior to the time of hearing 
the petition, in a newspaper published in the county in 
which the proceedings are pending, if one is published 
in the county, or if no newspaper is published in the 
county, or the publisher shall refuse to publish the 
same, on tender of his usual charges for advertising, then 
by posting up said notice for three consecutive weeks at the 
door of the court house of the county wherein the lands or 
any portion of them lie. 

Sec. 894. Appointment of comnaissioners — Dnties 
of — The court, or judge thereof in vacation, on being sat- 
isfied that due notice of the pendency of the petition has 
been given, shall appoint three disinterested commissioners, 
who shall be freeholders, resident of the county in which 
the real estate, or a part thereof, is situated, to assess the 
damages which the owners may severally sustain by reason 
of such appropriation, who, after having viewed the property, 
shall forthwith return, under oath, such assessment of dam- 
ages to the clerk of such court, setting forth the amount of 
damages ; and should more than one owner be included in 
the petition, then the damages allowed each shall be stated 
se[)arately, together with a specific description of the prop- 
erty for which such damages are assessed, and the clerk 
shall file said report and record the same in the order book 
of the court; and thereupon such company shall pay to the 
said clerk the amount thus assessed, for the party in whose 
favor such damages have been assessed ; and on making 
such payment it shall be lawful for such company to hold 
the interest in the property so appropriated for the uses 
aforesaid ; and, upon failure to pay the assessment afore- 



72 REVISED STATUTKS 1879. 

said, the court may, upon motion and notice by the party 
entitled to such damages, enforce the payment of the same 
by execution, unless the said company shall, within ten 
days from the return of such assessment, elect to abandon 
the proposed appropriation of any parcel of land by an in- 
strument in writing to that effect, to be filed with the clerk 
of said court, and entered on the minutes of the court, and 
as to so much is as thus abandoned the assessment of dam- 
ages shall be void. 

Sec. 895. Different owners may be joined in one 
petition — Any number of owners, residents in the same 
county or circuit, may be joined in one petition, and the 
damages to each shall be separately assessed by the same 
commissioners. 

Sec. 896. Clerk to give notice of the filing of the re- 
port — Report may be reviewed, when — Upon the filing 
of such report of said commissioners, the clerk of the court 
wherein the same is filed, shall duly notify the party whose 
property is affected, of the filing thereof; and the report of 
said commissioners may be reviewed by the court in which 
the proceedings are had, on written .exceptions, filed by 
either party in the clerk's office, within ten days after 
the service of the notice aforesaid ; and the court shall 
make such order therein as right and justice may require, 
and may order a new appraisement, upon good cause shown. 
Such new appraisement shall, at the request of either party, 
be made by a jury, under the supervision of the court, as 
in ordinary cases of inquiry of damages; but, notwith- 
standing such exceptions, such company may proceed to 
erect said telephone or telegraph line, or construct said 
road or railroad ; and any subsequent proceedings shall 
only affect the amount of compensation to be allowed. In 
all cases arising under the provisions of this article, the re- 
port of commissioners, when signed by a majority of them, 
shall be taken and considered as the report of all. 



REVISED STATUTES 1879. 73 

Sec. 897. Cost, by whom paid — The cost of the pro- 
ceeding^ to appropriate the right of way shall be paid by the 
company seeking the appropriation, np to and including 
the filing and copying of the report of the commissioners; 
and the court, as to any costs made by subsequent litiga- 
tion , may make such order as in its discretion may be 
deemed just. The court shall allow the commissioners a 
reasonable compensation for their services, which shall be 
taxed as costs in the proceeding. 

Sec. 898. Sliall not enter or appropriate dwelling- 
liouse, etc. — No telephone, or telegraph company shall, 
by virtue of this article, be authorized to enter or appro- 
priate any dwelling, barn, store, warehouse or similar 
building, erected for any agricultural, commercial or manu- 
facturing purposes, or to erect poles so near thereto as 
materially to inconvenience the owner in their use or to 
occasion injury thereto. 

Sec. 899. Proceedings when property held by corpora- 
tion — In case the lands sought to be appropriated are held 
by any corporation the right to appropriate the same by 
a railroad, telephone or telegraph company shall be limited 
to such use as shall not materially interfere with the uses to 
which, by law, the corporation holding the same are author- 
ized to put said lines. Where no agreement can be made 
between the parties, the mode of assessing the damages 
provided heretofore, as to private persons, shall be adopted ; 
and if the lands to be appropriated lie in more than one 
county, an application may be made in any one county in 
which any of the lands lie, a-nd the damages shall be assessed 
as to all the lands of the defendant corporation along the 
whole line, in one proceeding. 

Sec. 900. Lands for depot purposes, how condemned, 
etc. — In case lands sought to be appropriated by any rail- 
road company in this state for depot purposes, belong to 
private persons, and such company and the owner cannot 



74 REVISED STATUTES 1879, 

agree on the compensation to be paid, or in case the owner 
is incapable of contracting, be unknown or a non-resident 
of the state, such company may have such lands condemned 
in the manner that is provided in this article for assessing 
damages, which the owners of lands may severally sustain 
in consequence of the erection, establishment and mainte- 
nance of railroads over such lands ; provided, that in no case 
shall more than ten acres of land in the county or more 
thiin six blocks in a tovi-'n, village or city, be condemned 
under this article, at any one place, or for any one depot; 
and, provided further, that any other railroad company shall 
have the right to use said depot grounds for depot pur- 
poses, with the necessary buildings, turnouts, sidings, 
switches and other conveniences in furtherance of said pur- 
pose ; and if the said two companies cannot agree upon the 
amount of compensation to be made therefor, or the points 
or manner of such use, the same shall be ascertained and 
determined by commissioners as proved by law for the 
condemnation of land for railroad purposes. 

OFFENSES AGAINST PERSONS OF INDIVIDUALS. 

[I. Mo. Eev. Stat. 1879, Ch. 2-i, Art. 2, p. 224.] 

Construction of penal laws — "The ordinance, though penal, is 
nevertheless remedial in its character. A penal law may also he reme- 
dial, and a statute may be penal in one part and remedial in another. 
(Sedg. on Stat, and Const. Law, 41; 1 Wils. 126.) The point to be 
determined in giving practical application and construction to a statute, 
is to looli at tlie mischief or defect which existed at the passage 
of the act, and see what provision tlie law-making power has made to 
afford a remedy; and it is in the province of the courts to so construe 
the law as to advance the remedy and suppress the mischief. (1 Blackst. 
Com. 87.) It is an established rule, applicable to the construction of all 
remedial statutes, that cases within the reason, though not within the 
letter of a statute shall be embraced by its provisions; and cases not 
within the reason, though within the letter, shall not be taken to be 
within the statute. (Mason «. Rogers, 4 Litt. 377; Phillips -y. Pope, 10 
B. Mon. 172.) " Wagner, J., in State v. Canton, 43 Mo. 48, 51. 

See Act amending § 1274 of this chapter [Laws Mo. 1885, p. 139] ; on 
page 168 of this compilation. 



REVISED STATUTES 1879. 75 

Sec. 1276. Fire arms not to be discharged near court 
house, school, etc. — Hereafter it shall be unlawful for any 
person in this state, except he be a sheriff or other officer 
in the discharge of official duty, to discharge or fire off 
any gun, pistol or fire arms of any description, in the imme- 
diate vicinity of any court house, church or building used 
for school or college purposes. 

Sec. 1277. Punishment — Any person, guilty of a vio- 
lation of the preceding section, shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be punished by a 
fine of not less than five dollars nor more than twenty dol- 
lars, or by imprisonment in the county jail not exceeding 
twenty days. 

Sec. 1278. Immediate vicinity defined — The term 
immediate vicinity, as used in this article, shall be con- 
strued, and held to mean a distance not exceeding two 
hundred yards. 

OFFENSES AGAINST PUBLIC AND PRIVATE PROPERTY. 

[I. Mo. Kev. Stat. 1879, Cb. 24, Art. 3, p. 226.] 

Sec. 1287. Arson In third degree — Every person who 
shall willfully set fire to or burn any house, building, barn, 
stable, boat or vessel of another, or any office or depot, or 
railroad car of any railroad company, or any house of pub- 
lic worship, college, academy or school house, or building 
used as such, or any public building belonging to the United 
States or this state, or to any county, city, town or village, 
not the subject of arson in the first or second degree, shall, 
on conviction, be adjudged guilty of arson in the third 
degree. 

The burning of a school-house may be arson in the first or second de- 
gree. See sections 1283, 1284, 1285. [I. Mo. Rev. Stat. 1879, p. 226.] 

Sec. 1291. Punishment for arson — Every person who 
shall be convicted of any degree of arson shall be punished 



76 REVISED STATUTES 1879. 

by imprisonment, as follows : First, in the first degree, in 
the penitentiary not less than ten years; second, in the 
second degree, in the penitentiary not less than seven 
years ; third, in the third degree, in the penitentiary not 
less than five years ; fourth, in the fourth degree, in the 
penitentiary not more than five years, or by imprisonment in 
the county jail not less than six months. 

Sec. 1326. Embezzlement by officer — If any officer, 
appointed or elected by virtue of the constitution of this 
state, or any law thereof, including as well all officers, 
agents and servants of incorporated cities and towns, or 
municipal townships or school districts, as of the state and 
counties thereof, shall convert to his own use, in any way 
whatever, or shall use by way of investment in any kind of 
property or merchandise, or shall make way with or secrete 
any portion of the public moneys, or any valuable security 
by him received for safe keeping, disbursement, transfer, 
or for any other purpose, or which may be in his possession, 
or over which he may have the supervision, care or control, 
by virtue of his office, agency or service, or under color or 
pretense thereof, every such officer, agent or servant, shall, 
upon conviction, be punished by imprisonment in the peni- 
tentiary not less than five years. 

Sec. 1327. Officer loaning public money, how pun- 
ished — No such officer, ageut or servant shall loan out, 
with or without interest, any money or valuable security 
received by him, or which may be in his possession or keep- 
ing, or over which he may have supervision, care or control, 
by virtue of his office, agency or service, or under color or 
pretense thereof, and any such officer, agent or servant, so 
loaning such money or valuable security, on conviction 
thereof, shall be punished by imprisonment in the peniten- 
tiary not less than two years, or by a fine not less than five 
hundred dollars. 

Sec. 1328. Officer receiving benefit from deposits — 



REVISED STATUTES 1879. 77 

If any such officer, agent or servant shall make any con- 
tract or agreement with any person or body corporate, by 
which such officer, agent or servant is to derive any, bene- 
fit or advantage from the deposit with such person or body 
corporate, of any moneys or valuable securities held by 
such officer, agent or servant such contract, shall, as to 
such officer, agent or servant, be utterly null and void ; 
but the person or body corporate making such contract or 
asrreement shall be liable to the state in an a,ction for the 
recovery of all such benefit or advantage as would, by the 
terms of such contract or agreement, have accrued to such 
officer, agent or servant ; and payment to the officer, agent 
or servant shall not protect the person or body corporate 
against the action brought by the state. 

Sec. 1329. Violating- preceding- section — Punisli- 
ment — Any such officer, agent or servant, who shall make 
any contract or agreement such as is described in the pre- 
ceding section, or who shall receive any benefit or advant- 
age for the deposit of any money or valuable security held 
by him as such officer, agent or servant, or over which he 
may have supervision, care or control by virtue of such 
office, agency or service, shall, upon conviction thereof, be 
punished by imprisonment in the penitentiary not less than 
two years, or by fine not less than five hundred dollars. 

Sec. 1330. Claims corruptly allowed by county courts 
and other officers — Any member of the county court, 
common council or board of trustees, or officer or agent of 
any county, city, town, village, school township, school 
district, or other municipal corporation, who shall, in his 
official capacity, willfully or corruptly vote for, assent to 
or report in favor of, or allow or certify for allowance, any 
claim or demand, or any part thereof, against the county, 
city, town, village, school township, school district, or 
other municipal corporation, of which he is such officer or 
agent, or against the county court, common council or 



78 REVISED STATUTES 1879. 

board of trustees of which he is u member — such claim or 
demand, or part thereof, being for or on account of any 
contract or demand or service not authorized or made as 
provided or required by hiw — every such person so offend- 
ing shall, on conviction, be punished by imprisonment in 
the penitentiary not more than five years, or by a fine of not 
less than one hundred nor more than five thousand dollars, 
or by imprisonment in the county jail not less than two 
nor more than twelve months, or by both such tine and im- 
prisonment. 

Sec. 1331. Fraudulent clisbursement of money, etc. — 
If any member of any town or city council, or of any county 
court, or commission or body charged with the administra- 
tion or management of the affairs of any county, or any 
executive officer or member of any executive department 
of any city, town or county in this state, or any member 
of any board or commission charged with the administra- 
tion or management of any charity or fund of a public na- 
ture, by whatever name the same may be called, shall, 
knowingly, and without authority of law, vote for the ap- 
propriation, disposition or disbursment of any money or 
property belonging to any such city , town, county, charity or 
fund, or any subdivision of any such city, town or county, 
to any use or purpose other than the specific use or purpose 
for which the same was devised, appropriated and collected, 
or authorized to be collected by law; or shall knowingly 
aid, advise or promote the appropriation, disbursement or 
disposition of any such money or property, for any purpose 
not directed and warranted by law, and such illegal appro- 
priation, disbursement or disposition he in fact effected, 
every person so offending against the provisions of this 
section shall be deemed and taken to have feloniously em- 
bezzled and converted to his own use such money or prop- 
erty ; but if the same be not effected, then such person so 
voting, advising or promoting the said illegal appropria- 



REVISED STATUTES 1879. 79 

tion, disbursement or disposition of said money or property, 
as aforesaid, shall be deemed and taken to have feloniously 
attempted to embezzle and convert the same to his own 
use, and, upon conviction of either or any such offense, 
shall be punished by imprisonment in the penitentiary not 
exceeding five years, or in the county jail not less than six 
months, or by a fine not exceeding four fold the value of 
such money or property. 

Sec. 1366. Trespass and waste upon school lands — 
If any person shall commit waste, trespass or other injury 
upon any school lands in the state, or upon any improve- 
ments thereon, he shall be deemed guilty of a misdemeanor. 
But all fines recovered under this section shall be paid into 
the county treasury for the use of the inhabitants of the 
township to which the lands or property injured belonged. 

Sec. 1367. Injury of school houses — Every person 
who shall injure or destroy any building used as a school 
house or for other educational purposes, or any furniture, 
fixtures or apparatus thereto belonging, or who shall deface, 
mar or disfigure any such building, furniture or fixture, by 
writing, painting, cutting, or pasting thereon any likeness, 
figures, words or device, shall be deemed guilty of a mis- 
demeanor. 

Trespass on School Lands — Prosecutor unnecessary — A prosecu- 
tor is uot necessary on an indictment for a trespass to school lands. 
A prosecutor is only necessary in cases of private property, and not in 
cases of trespass to the property of the State or the counties. State v. 
Roberts, 11 Mo. 510. 

Sec. 1377. Punishment for misdemeanor — Every per- 
son who shall be convicted of a misdemeanor, as prohibited 
by this chapter, the punishment for which is not hereinbefore 
prescribed, shall be punished by imprisonment in a county 
jail not exceeding one year, or by fine not exceeding five 
hundred dollars, or by both such fine and imprisonment. 

See Act of March 15, 1883 [Laws Mo. 1883, p. 77], amending section 
1378, on page 147 of this compilation. 



80 REVISED STATUTES 1879. 



OFFENSES BY PERSONS IN OFFICE OR AFFECTING PUBLIC 
TRUSTS AND RIGHTS. 

See note ^'Construction of penal laws,'''' on page 74 of this compila- 
tion. 

[I. Mp. Kev. Stat. 1879, Ch. 24, Art. 6, p. 256.] 

Sec. 1468. Bribing public officers — Punishment — 

Every person who shall, directly or indirectly, give any 
money, goods, right in action," or any other valuable con- 
sideration, gratuity or reward, or any promise, undertaking 
or security therefor, to any judge or justice of any court, 
justice of the peace, or to any member of the legislature, or 
to any officer or employe thereof, or to any other public 
officer of this state, or of an}' county or city, town or town- 
ship thereof: First, with intent to influence his vote, opin- 
ion, judgment or decision on any question, matter, election, 
appointment, cause or proceeding, which may be then pend- 
ing, or may by law be brought before him in his official 
capacity, or to induce him to neglect or omit the perform- 
ance of any official duty, or to perform such duty with par- 
tiality or favor, or otherwise than is required by law ; or, 
second, in consideration that any such officer or membei* of 
the legislature has given any vote, opinion, judgment or de- 
cision in any particular manner, or for any particular 
person, or upon any particular side, or more favorable to 
one side than the other, in any matter, question, election, 
cause or proceeding, or has omitted to perform any official 
act or duty, or has performed such act or duty with partial- 
ity or favor, or in anywise contrary to law, shall be deemed 
guilty of bribery, and be punished by imprisonment in the 
penitentiary for a term not exceeding seven years. 

Sec. 1469. Officers accepting bribes — Punishment — 
Every judge or justice of any court, justice of the peace, 
member of the legislature, or officer or employe thereof, 
and any other public officer of this state, or of any county 



REVISED STATUTES 1879. 81 

or city, town or township thereof, who shall, directly or in- 
directly, accept or receive any gift, consideration, gratuity 
or reward, or any promise or undertaking to make the same: 
First, under any agreement that his vote, opinion, judg- 
ment or decision shall be given for any particular person, 
or in any particular manner, or upon any particular side, or 
more favorable to one side than the other, in any question, 
election, matter, cause or proceeding which may be pending 
or be brought before him in his official capacity, or that he 
shall neglect or omit to perform any official duty, or per- 
form the same with partiality or favor, or otherwise than 
according to law ; or, second, in consideration that he has 
given his vote, opinion, judgment or decision for any par- 
ticular person, or in any particular manner, or upon any 
particular side, or more favorably to one side than the 
other, in any question, election, matter, cause or proceed- 
ing, or has neglected or omitted to perform any official act 
or duty, or performed such act or duty with partiality or 
favor, or in anywise contrary to law, shall be deemed guilty 
of bribery, and punished as prescribed in the next preced- 
ing section. 

Sec. 1470. Bribing- oflacer to appoint to oflfice, etc. — 
Every person who shall, directly or indirectly, give or 
engage to give any sum of money or other valuable con- 
sideration, gratuity or reward, to any officer: First, with 
intent to influence or induce such officer to give or procure 
for him or any other, by his act, interest, influence or other 
means whatever, any appointment, office or place of trust, 
or any preferment or emolument, or assist, by any means 
whatsoever, to procure the same; or, second, in considera- 
tion of any office or appointment, preferment or emolu- 
ment, act, interest, or influence, or any aid or assistance in 
procuring or attempting to procure such appointment, 
office or place of trust, or any emoluments, shall, on con- 
viction, be adjudged guilty of bribery, and punished bj 
6 



82 EEYISED STATUTES 1879. 

imprisonment in the penitentiar.v for a term not exceeding 
seven years. 

Sec. 1471. Officer accepting bribe to make appoint- 
ments, etc. — Every officer who shall, directly or indirectly, 
accept or receive of another any sum of money, or other 
valuable consideration, gratuity or reward, or any promise 
or security thereof: First, upon any agreement to give or 
procure by his act, interest or influence, or other means, 
any appointment, office or place of trust, or any prefer- 
ment or emolument, or to aid or assist in procuring the same 
for another person; or, second, in consideration of any 
office or appointment, place or preferment, or emolument, 
or any act, interest or influence, aid or assistance, by any 
means, in procuring or attempting to procure any such 
appointment, office, place of trust, preferment or emolu- 
ment, shall, on conviction, be adjudged guilty of bribery, 
and punished as prescribed in the next preceding section. 

Sec. 1472. Accepting office procured by bribery — 
Every person who shall take, accept, receive or obtain, 
directly or indirectly, any office, appointment or place of 
trust, preferment or emolument, by the act, influence, aid 
or assistance of another, upon any agreement or considera- 
tion mentioned in either of the four next preceding sec- 
tions, and every person who shall take, accept or receive 
any aid or assistance in obtaining or attempting to obtain, 
or any promise or undertaking to procure such office, 
appointment, place of trust, preferment or emolument, for 
himself or another, shall be deemed guilty of bribery, and 
punished in the same manner as if he had received money 
upon a like agreement or consideration. 

Sec. 1473. Attempting to bribe officer in cases men- 
tioned in preceding sections — If any person shall, by 
any of the means mentioned in the preceding sections of 
this article, or otherwise, offer or attempt to bribe any offi- 
cer or other person, in any of the cases hereinbefore men- 



REVISED STATUTES 1879. 83 

iioned, he shall, on conviction, be punished by imprisonment 
in the penitentiary for a period not exceeding fivej^ears, or 
by imprisonment in the county jail for a term not exceed- 
ing one year, and a fine not less than one thousand dollars. 

Sec. 1474. Bribery to procure office — If any person 
shall, directly or indirectly, give or procure to be given, 
or engage to give any money, gift or reward, or any office, 
place or employment upon any engagement, contract or 
agreement, that the person to whom, or to whose use or 
on whose behalf, such gift or promise shall be made shall 
by himself or any other, procure or endeavor to procure 
the election of any person to any office, at any election by the 
electors, or any public body, under the constitution or hiws 
of this state, the person so offending shall, on conviction 
be adjudged guilty of bribery, and punished by imprison- 
ment in the penitentiary for a term not exceedino- five vears. 

Sec. 1475. Accepting bribe to procure office — Every 
person who shall, by himself or another, to his use or on 
his behalf, accept or receive, any such money, o-ift ov 
reward, office, place of employment, or any promise or 
security therefor, upon any such engagement, contract, or 
agreement, as specitied in the preceding section, shall be 
adjudged guilty of bribery, and shall forfeit the full amount 
of such money, gift or reward, and shall moreover, be pun- 
ished by imprisonment in the penitentiary for a term not 
exceeding five years. 

Sec. 1476. Accepting bribe by voter — If any person 
who shall have, or claim to have, a right to vote in anv 
election authorized to be held by the constitution or laws 
of this state, shall ask, receive or take any money or other 
reward, by way of gift, loan or other device, or ao-ree or 
contract for any money, gift, office, employment, or other 
reward whatsoever, to give his vote, or refuse or forbear 
to give his vote, in any such election, the person so offendino- 
shall, on conviction, be adjudged guilty of a misdemeanor. 



84 REVISED STATUTES 1879. 

Sec. 1477. Offering- bribe to voter — If any person, 
by himself or any person employed by him, shall, by any 
gift or reward, ojQSce or employment, or by any promise^ 
agreement or security therefor, corrupt or procure, or 
attempt to corrupt or procure, any person who shall have or 
claim to have aright to vote at any election, to give or for- 
bear to give his vote at such election, the person so offending 
shall, on conviction, be adjudged guilty of a misdemeanor. 

Sec, 1478. Bidding- for office — Any person, being a 
candidate for election to any office of honor, trust or profit 
in this state, who shall offer or promise to discharge the 
duties of such office for a less sum than the salary, fees 
or emoluments of said office, as fixed by the laws of the 
state, or who shall promise to pay back or donate to any 
public or private interest any portion of such salary, fees 
or emoluments, as an inducement to voters at such elec- 
tion, shall, on conviction thereof, be deemed guilty of a 
misdemeanor, and shall be fined in a sum of not less than 
fifty dollars nor more than five hundred dollars, or impris- 
onment in the county jail for a period of not less than 
ten days nor more than six months, or by both such fine 
and imprisonment, and shall, in addition, forfeit the 
office to which he may have been elected at such election. 

Sec. 1479. Selling- office — Every person holding or 
exercising any office or public trust under the constitution 
or laws of this state, who shall, for any reward or gra- ' 
tuity, or any valuable consideration, paid or agreed to be 
paid, directly or indirectly, grant, bargain or sell such 
office, or any deputation thereof, or grant the right or 
authority to discharge any of the duties thereof to another, 
shall, on conviction, be punished by imprisonment in the 
penitentiary not exceeding five years, or by imprisonment 
in a county jail not exceeding [one year, or by fine not 
exceeding] one thousand dollars, or by both such fine and 
imprisonment. 



REVISED STATUTES 1879. 85 

Sec, 1480. Buying oflSce — Every person who shall give, 
or make any agreement to give, any mone}', property, 
right in action, or other gratuity or reward, in consid- 
eration of any such bargain, grant or deputation of 
an office, or any part thereof, shall, upon conviction, 
be punished as prescribed in the last preceding sec- 
tion. 

Sec. 1481. Preceding sections construed — The two 
preceding sections shall not be construed to extend to the 
appointment of a deputy by any officer authorized by law 
to have a deputy, so that no gratuity or reward be paid or 
agreed to be paid for such deputation. 

Sec. 1482. Grant of office void — Every grant of depu- 
tation of office made contrary to the foregoing provisions 
shall be void; but all official acts done before conviction 
under this law, by any deputy of an officer authorized to 
make such appointment, shall be valid. 

Sec. 1483. Oppression in office — Every person exer- 
cising or holding any office or public trust, who shall be 
guilty of willful and malicious oppression, partiality, mis- 
conduct or abuse of authority, in his official capacity, or 
under color of his office, shall, on conviction, be deemed 
guilty of a misdemeanor. 

Sec. 1484. Fraud in office — Every officer or public 
agent of this state, or of any county, who shall commit any 
fraud in his official capacity, or under color of his office, 
shall be adjudged guilty of a misdemeanor. 

Sec. 1485. Conviction, effect of — Every person who 
shall be convicted of any of the otfenses mentioned in the 
preceding sections of this article, shall be forever disquali- 
fied from holding au}^ office of honor, trust or profit under 
the constitution and laws of this state, and from votinof at 
any election ; and every officer who shall be convicted of 
any official misdemeanor or misconduct in office, or of any 
offense which is by this or any other statute punishable by 



i 

86 REVISED STATUTES 1879. 

disqualification to hold office, shall, in addition to the 
othei- punishment described for such offenses, forfeit his 
oflice. 

See Act of March 26, 1881 [Laws Mo. 1881, p. Ill], amending section 
1486, on page 137 of tliis compilation. 

Sec. 1487. Collecting- illegal taxes — Every collector of 
the revenue who shall unlawfully collect taxes when 
none are due, or shall willfully and unlawfully exact or de- 
mand more than is dne, shall, upon conviction, be adjudged 
guilty of a misdemeanor. 

Sec. 1488. Piuiisbinent of niisdemeaiior in office — 
Every officer or person holding any trust or appointment, 
who shall be convicted of any willful misconduct or mis- 
demeanor in office,' or neglect to perform any duty en- 
joined on him by law, where no special provision is made 
for the punishment of such misdemeanor, misconduct or 
negligence, shall be punished by fine not exceeding five 
hundred dollars, or by imprisonment in the county jail not 
exceeding one year, or by both such fine and imprisonment. 

Sec. 1491. Usurping- office — If any person shall take 
upon himself any office or public trust in this state, and 
exercise any power to do any act appertaining to such 
office or trust, without a lawful appointment or deputation 
he shall, upon conviction, bo adjudged guilty of a misde- 
meanor. 

Sec. 1493. Election frauds, illegal voting, etc. — In- 
timidating voters — If any person, by menaces, threats or 
force, or by any other unlawful means, either directly or 
indirectly, attempt to influence any qualified voter in giving 
his vote, or to deter him from giving the same, or disturb 
or hinder him in the free exercise of his right of suffrage, 
at any election held under the constitution or laws of this 
state, the person so offending shall, on conviction thereof, 
be adjudged guilty of a misdemeanor. 



REVISED STATUTES 1879. 87 

Sec. 1494. Defrauding- voters — Any person who de- 
signedly gives a printed or written ticket to any qualified 
voter of this state, containing the written or printed names 
of persons for whom sflid voter does not design to vote, 
for the purpose of causing such voter to poll his vote con- 
trary to his known wishes, shall, on conviction, be adjudged 
guilty of a misdemeanor. 

Sec. 1495. Circulating fraudulent tickets — Any per- 
son who shall cause to be printed and circulated, or who 
shall circulate any false and fraudulent tickets, which upon 
their face appear to be designed as a fraud upon voters, shall, 
upon conviction, be deemed guilty of a misdemeanor. 

Sec. 1496. Importing fraudulent voters — Any person 
who shall bring into this state any person or persons, resi- 
dent in another state, with intent that such persons so im- 
ported shall vote at any election within this state, before 
they shall possess the requisite qualifications, shall, on con- 
viction, be adjudged guilty of a misdemeanor. 

Sec. 1497. Fraudulent voting — Every person who 
shall, at any election held in pursuance of the laws of this 
state, or of any city or other municipality thereof, vote 
more than once, either at the same or a different place, or 
shall knowingly cast more than one ballot, or shall vote at 
any such election knowing that he is not a qualified voter 
and is not entitled to vote, and everj^ person who shall 
knowingly advise or procure any person to vote, who is not 
entitled to vote, or shall knowingly advise or procure any 
illegal vote to be cast at any such election, shall be deemed 
guilty of a felony, and upon conviction, shall be punished 
by imprisonment in the penitentiary not exceeding five 
years, or by imprisonment in the county jail not exceedino- 
one year, or by a fine of not less than fifty dollars, or by 
both such fine and imprisonment. 

Sec. 1498. Attempt to cast illegal vote — Every person 
who shall attempt to vote at any election held in pur- 



88 . REVISED STATUTES 1879. 

suance of the laws of this state or in any city or other mu- 
nicipality thereof, knowing' that he is not entitled to 
vote at such election, shall be deemed guilty of a misde- 
meanor. 

Sec. 1499. Fraud by judges and clerks of election — 
If any judge or clerk of any election authorized by law, or 
any other person shall willfully and knowingly receive and 
place in the ballot box, or aid, assist or assent to the 
placing in any ballot box any ballot, or paper purporting 
to be a ballot, which is not legally voted by a qualified 
voter at such election, or shall illegally, willfully and 
fraudulently abstract, or aid in, or assent to, the abstrac- 
tion from any ballot box any legal ballot for the purpose 
of changing the lawful result of any election, or shall in any 
manner willfullj'^ inliuence or attempt to influence any per- 
son to do any of the acts aforesaid, or to omit to do any 
lawful act required of him in relation to any election, or 
shall in any manner illegall}^ willfully and fraudulently 
change or attempt to change, or induce any other person to 
change the true and lawful result of any election by any 
act to be done either before, at the time of, or aftei- such 
election, by a wrong count of the ballots, by changing the 
true returns or making a false return thereof, or by chang- 
ing the figures of the returns after they are made up either 
before or after the returns are duly made, or in any other 
manner except in pursuance of law or the order of a court, 
every person offending against any of the provisions of this 
section, shall, upon conviction, be punished by imprison- 
ment in the penitentiary not exceeding five years, or by 
imprisonment in the county jail not less than three months, 
and by a fine not less than one hundred dollars, or by both 
such fine and imprisonment, and shall also be forever prohib- 
ited from voting at any election and from holding any ofiSce 
or position of trust or emolument under authority of this 
state, or any department thereof, or of any county, city 



REVISED STATUTES 1879. 89 

or town therein, either by election or appointment, or as 
clerk or employe. 

Sec. 1500. Fraud in casting up returns — Any person 
who may be authorized by law to receive, canvass or count the 
poll books, tally lists or election returns of any election au- 
thorized by law, who shall willfully and knowingly receive, 
canvass and count or assist therein, any poll books, tally lists 
or election returns Avhich are fraudulent, forged, counter- 
feited, or shall falsely and fraudulently make an incorrect and 
false count of any election returns, with intent to defeat a 
fair expression of the popular will, and any person or persons 
whose duty it may be to grant certificates of election, or in 
any manner declare the result of any election held by author- 
ity of law, who shall grant a false certificate, or declare the 
result of any election, based upon fraudulent, fictitious or il- 
legal votes or returns with intent to defeat a fair expression 
of the popular will, or to deprive any person duly elected 
of his office, shall be deemed guilty of a felony, and, upon 
conviction be punished as prescribed in the next preceding 
section. 

Sec. 1501. I^eglect of judges and clerks to perforin 
duty — If the judges and clerks of any election, or any ot 
them, shall willfully neglect, refuse or omit to perform any 
duty enjoined or required of them by law with respect to 
holding and conducting such election, receiving and counting 
out the ballots, and making proper returns thereof, or shall 
inspect or read any ballot voted, or disclose the name or 
names of any of the candidates of persons voted for by 
any voter at such election, shall be deemed guilty of a mis- 
demeanor. 

OFFENSES AGAINST PUBLIC ORDER. 

[I. Mo. Kev. Stat. 1879, Ch. 24, Art. 7, p. 265.] 

Sec. 1528. Disturbing- religious assemblies or schools, 
etc. — Every person who shall willfully, maliciously, or 



f 

90 REVISED STATUTES 1879. 

contemptuously disquiet, or disturb any camp meeting, 
congregation or other assembly met Cor religious worship, 
or when meeting at the place of worship, or dis- 
persing therefrom, or any school or other meeting or 
assembly, of the people met together for any lawful pur- 
pose whatever, by making a noise, or by rude or indecent 
behavior, or profane discourse within the place of assembly, 
or so near the same as to interrupt or disturb the order or 
solemnity thereof, or who shall willfully menace, threaten 
or assault any person there being, shall be deemed guilty 
of a misdemeanor. 



MISCELLANEOUS PROVISIONS. 

[I. Mo. Rev. Stat. 1879, Ch. 24, Art. 9, p. 286.] 

Sec. 1663. Punishment of cases not fixed by law — 

Whenever any offense is declared by statute to be a mis- 
demeanor, and no punishment is prescribed by that or any 
other statute, the offender shall be punished by imprison- 
ment in a county jail not exceeding six months, or by fine 
not exceeding two hundred dollars, or by both such fine 
and imprisonment. 



COSTS IN CRIMINAL CASES. 

[I. Mo. Rev. Stat. 1879, Ch. 24, Art. 25, p. .349.] 

Sec. 2119. Fines to go to school fund — All fines and 
penalties imposed, and all forfeitures incurred, in any 
county, unless otherwise directed by law, shall be paid into 
the county treasury thereof, for the benefit of the school 
fund of the county. 

See Act of April 2, 1885 [Laws Mo. 1885, p. 184], amending section 
2779 on page 173 of this compilation. 

See Act of March 7, 1885 [Laws Mo. 1885, p. 190], araeuding section 
3126 on page 155 of this compilation. 



REVISED STATUTES 1879. 91 



OF OFFICERS. 
[I. Mo. Kev. Stat. 1879, Ch. 55, p. 569.] 

Sec. 3330. Term of office ^ All officers, elected or ap- 
pointed by the authority of the laws of this state, shall hold 
their offices until their successors are elected or appointed, 
commissioned and qualified. 

TAXATION OF INSURANCE COMPANIES. 
[II. Mo. Rev. Stat. 1879, Ch. 119, Art. 5, p. 1199.] 

Sec. 6066. Penalties for refusing to pay tax — No in- 
surance company organized under the laws of this state, 
or any other state or territory of the United States, or of 
any foreign country, doing the business of insurance within 
this state, which shall hereafter fail, neglect or refuse to 
pay the license or state, county, city, town or school taxes 
required by the laws of this state, shall be permitted to 
transact the business of insurance within this state. 

SCHOOL LANDS. 

[I[. Mo. Rev. Stat. 1879, Ch. 122, Art. 2, p. 1209.] 

Construction of Acts relating to school lands — An act of the 

legislature requiring county courts to cancel a contract for sale of school 
lands is unconstitutional. Butler v. Cbaritoa County Court, 13 Mo. 
112. By the act of January 27, 1831, the United States relinquished 
all its right, title and interest in the lands reserved for schools by 
the act of 1812. Cabaune v. Walker, 31 Mo. 274. The second section, 
of the act of June 13, 1812, which reserves vacant lots for the use of 
schools, does not pass the title to the property so reserved from the 
United States. Hammond v. St. Louis Public Schools, 8 Mo. 65. And the 
subsequent confirmation of a claim by the act of April 29, 1816, talies the 
lot out of the reservation for the use of schools. Hammond v. St. Louis 
Public Schools, 8 Mo. 65. For further construction of said act see Trotter 
V. Board, etc., St. Louis Public Schools, 9 Mo. 69; Eberle v. Board, etc., 
St. Louis Public Schools, 11 Mo. 247. The act of 1812 is a reservation 
only, and that of 1831 is a grant. Papin v. Ryan, 32 Mo. 21. For lands 



ff 

92 REVISED STATUTES 1879 

excepted from above acts, see Board, etc., St. Louis Public Schools 
V. Walker, 40 Mo. 383. As to what constitutes a disposition of the six- 
teenth section under act of March 6, 1820, see Stite v. Ham, 19 Mo. 592. 
Consent of the people of Missouri. Id. The title of the state to such 
land is superior to a claim based upon the act of Congress relinquishing 
to the claimant all the title remaining in the United States, and a patent 
is unnecessary. Id. When townships estopped from claiming sixteenth 
section. State to use v. Dent, 18 Mo. 318. Title of state to sixteenth 
section is not impaired or destroyed by previous location of New Madrid 
certificate upon it. Kennett v. Cole County Court, 13 Mo. 139. Title of 
the government in lands set apart for schools, passes, when. Patterson 
V. Fagan, 38 Mo. 70. 

See Act March 24, 1881 [Laws Mo. 1881, p. 157], amending section 
6117 on page 133 of this compilation. 

Sec. 6118. Notice of such sale, how given — Such no- 
tice shall be given in the same manner as shall be re- 
quired, by law, in selling lands by virtue of a writ of fieri 
facias. 

Sec. 6119. Minimum price — Such land shall not be 
sold for less than one dollar and twenty-five cents per 
acre. 

Sec. 6120. May be again offered for sale once in each 
year — If, after such sale, any part of such lands shall re 
main unsold, the sheriff* of each county, if the county court 
shall deem it necessary, shall, once in each year, again' offer 
such lands for sale, by giving the same notice and in the 
same manner as is hereinbefore provided. 

Sec. 6121. To he sold in forty acre lots — How divided. 
Such lands shall be sold in lots of forty acres, and shall 
be divided in the same manner that the public lands of the 
federal government are divided when sold in lots of forty 
acres : provided, that if a sixteenth section be in the vicinity 
of a city or village, it shall be lawful, on the petition of 
two-thirds of the inhabitants of the township in which the 
same is situated, for the county court to make an order 
authorizing the inhabitants of such township to cause such 
sixteenth section to be laid out and sold in lots of a less 



REVISED STATUTES 1879. 93 

size than fortj acres, and to lay out such streets, alleys and 
roads, and to appropriate such portion thereof as they may 
deem necessary for sites for school houses, churches and 
for pleasure grounds. 

Sec. 6122, Bond and security for the purchase money 
to be given — The purchaser shall give bond, with good 
and sufficient security, payable one year after date, to the 
county, for the use of the inhabitants of the township to 
which the lands purchased may have belonged; which bond 
shall bear interest at the rate of ten per centum per annum 
from its date until paid, and shall be returned by the 
sheriff to the county court; of the county to which the land 
belongs, and by the court deposited in the office of the 
county clerk. 

Sec. 6123. Certificate of purchase to be given — Entitled 
to patent, when — A certificate of purchase shall be issued 
by the sherift" to the purchaser, describing the land sold, 
reciting the number of acres, amount of purchase money, 
and the manner in which the payment is secured ; and 
such certificate, after full payment shall have been made, 
shall entitle the purchaser to a patent for the land so pur- 
chased. 

Sec. 6124. Abstract of lands sold to be furnished to 
register — The county court shall make out and forward to 
the register of lands an abstract of all lands sold under the 
provisions of this chapter ; and when the purchase money 
shall be fully paid, together with the interest which may 
have accrued thereon, the court shall make and forward to 
the register of lands a statement showing the tract or tracts 
for which payment has been made. 

Sec. 6125. Patent to issue on paying purchase money — 
Upon the receipt of such statement, the register of lands 
shall make out, in the name of the state, patents for the lands 
paid for ; and after having recorded the same in a well 
bound book, to be provided for that purpose, shall forward 



I 

94 REVISED STATUTES 1879. 

the same to the county court of the proper county, to be by 
it delivered to the person entitled thereto, on the presenta- 
tion and surrender of the original certificates given to such 
persons, which certificates shall be filed and forever pre- 
served by the county court. 

Sec. 6126. How sucli patents to be signed and attest- 
ed — The patents issued in virtue of the provisions of this 
chapter, shall be signed by the governor, countersigned by 
the secretary of state, and attested by the great seal of the 
state of Missouri. 

Sec. 6127. If purchaser pay the money at the time of 
sale, may have patent — A purchaser of land , under the pro- 
visions of this chapter, may pay the purchase money at the 
time of sale, and entitle himself to a patent therefor as 
soon as the same can be issued. 

Sec. 6128. Additional security may be required — If 
not given, contract violated — Proceedings — Whenever 
the county court may deem the security for the pay- 
ment of any bond for the purchase money of township 
school lands insufficient, it may req,uire other and additional 
security, and upon failure to give such other and additional 
security, the contract shall be considered as violated, and 
the court shall forthwith proceed to collect the amount .due 
on account of such sale, as if no time had been given for the 
payment thereof; and whenever lands shall be seized under 
execution, issued upon any judgment founded upon the non- 
payment of the purchase money of any of said school 
lands, it shall be lawful for, and the county court is 
hereby empowered, when at the sale under the execution 
it shall appear that such lands will not sell for the amount 
of the judgment, to bid in and buy said lands for the use 
of the township to which the land upon which judgment 
was rendered was given, and in whose behalf the execu- 
tion issued : provided, however, that the county court shall 
not, in any event, pay more for such lands at any sale than 



REVISED STATUTES 1879. 95 

the amount of the judgment under which the sale was had, 
and the costs thereon. 

Sec. 6129. Compensation of sheriff — The sheriff shall 
be allowed, as a compensation for advertising, selling and 
taking bond, one per centum on the amount of sales made 
in pursuance of this chapter, to be paid out of the school 
fund to which the money arising from such sales belongs. 

Sec. 6130. Compensation of the clerk and treasurer — 
The clerk of the county court iind treasurer of the countj'^ 
shall each receive for his services, performed under this 
chapter, such compensation as the county court may deem 
proper, not to exceed., to the treasurer of the county, one- 
half of one per centum on all money received and paid 
out by him. 

Sec. 6131. When court may sell lands on petition of 
less than fifteen inhabitants — Whenever it shall appear 
to the satisfaction of the county court, l)y petition, that so 
much of section six thousand one hundred and seventeen 
as provides that the sixteenth sections in the several con- 
gressional townships shall be sold on a petition of a ma- 
jority of fifteen householders of such township, cannot be 
carried into effect on account of extensive prairies, or 
other local causes, such court may, in its discretion, 
order the sale of such lands, on the petition of a majority, 
if there shall be as many as seven such householders resi- 
dent in the township. 

Sec. 6132. A majority may petition to lease, etc. — A 
majority of the householders in any congressional township 
may petition the county court to lease their sixteenth sec- 
tion, or the lauds selected in lieu thereof. 

Sec. 6133. Notice of such intended petition to be 
given — Notice of such intended' petition shall be given by 
at least four written or printed handbills, signed by a 
householder, and put up in public places in the township, 
or by advertisement in a newspaper published in the 



# 

96 REVISED STATUTES 1879. 

county, at least twenty days before the petition is to be 
presented to the court, and ten days before such petition 
shall be presented to such householders for signatures. 

Sec. 6134. Court may make an order of lease, etc. — 
The court, when such petition is presented and publicly 
read, and upon proof of notice having been given as re- 
quired by the preceding section, if it is satisfied that a 
majority of the householders of the township are in favor 
of leasing such lands, shall make an order, a copy of which 
shall be furnished to the trustees of such township, direct- 
ing theni to lease the same for a period, if unimproved, not 
exceeding ten years, and if improved, not exceeding three 
years . 

Sec. 6135. Contents and stipulations of leases under 
this chapter — Leases made in pursuance of this chapter 
shall set forth the lands let, by metes and bounds, the time 
and duration of the lease, the rents reserved ; and shall 
specify, particularly, the improvements, if any, to be made, 
and contain proper covenants for the payment of the rent 
reserved, making the specified improvements, and that such 
lessee shall not cut down, injure or destroy any timber 
upon the premises let, other than what shall be necessary 
for firewood, making the specified improvements and re- 
pairing the buildings, fences and other improvements, or, if 
the premises let contain mineral, carrying on the raining 
and smelting business.; that such lessee will not commit, or 
suffer to be committed, any waste, spoliation or destruc- 
tion of the buildings or fences which may, at any time, be 
erected on such premises; and that he will, at the end of 
his term, or other sooner determination thereof, yield up 
the premises in good repair, with such other covenants as 
the nature of the contract may require ; and reserving to 
the trustees the right to re-enter at any time, for a breach 
of any covenant contained in such lease. 

Sec. 6136. Lease to be approved before taking effect — 



REVISED STATUTES 1879, 97 

No lease shall take effect until it shall be approved by the 
county court, or a majority of the justices thereof in va- 
cation, and, when approved, shall be deposited in the of- 
fice of the treasurer of the county. 

Skc. 6137. Violation of covenants in lease, notice to 
quit — Suit against tenan;t, how brought — The countj^ 
court, upon a breach by the lessee of any covenant con- 
tained in the lease, shall notify the lessee to yield up the 
possession of the demised premises ; and if such lessee 
shall neglect or refuse to do so, for the period of ten days 
after he shall be notified, the trustees shall proceed against 
him and obtain restitution, in the same manner and whh 
like effect as in other cases of tenants holding over. 

Sec. 6138. Rents to he x)aicl into county treasury — 
All rents reserved upon leases of township school lands 
shall be paid into the treasury of the county in which 
the township to which the fund belongs is situated ; and 
the county treasurer shall give the lessee duplicate receipts 
therefor, stating therein the amount paid and on what ac- 
count ; one of which shall be delivered by the lessee to the 
clerk of the county court, who shall charge the amount 
thereof to the county treasurer, on account of the town- 
ship school fund to which it belongs. 

Sec. 6139. Before half of the purchase money has been 
paid, and on application of purchaser, how sale to be 
annulled — Whenever the purchaser of any school land, or 
any person claiming under him, shall petition the county 
court to have the sale of such land annulled, and such pe- 
tition shall also be signed by three-fifths of the household- 
ers of the school township in which such land lies, the 
county court may, by an order of such court, direct such 
sale to be annulled; upon such order being made, the cer- 
tificate of purchase shall be given up, and the same, with 
all securities and obligations for the payment of the pur- 
chase money and interest thereon, shall be cancelled b}^ 
7 



98 REVISED STATUTES 1879. 

such court, and the land shall thereafter be disposed of by 
such court as if the same had never been exposed to sale: 
provided, that no such order shall be m:ide in any case 
after one-half of the purchase money has been paid, nor 
until all the interest due on such purchase shall be paid, or 
secured for payment. 

Sec. 6140. Purchase money to be refunded without in- 
terest — Whenever any sale shall be annulled by any court, 
by virtue of the preceding section, and any part of the 
purchase money has been paid, the county court shall 
draw a warrant, to be paid out of the moneys belonging to the 
township in the treasury of the county, for the amount 
paid, in favor of the person entitled to the same; but 
no warrant shall be issued for any interest, nor shall any 
interest be refunded which mav, before the annulling; such 
contract, have been paid on the purchase. The two pre- 
ceding sections shall not apply to the county [city] of St. 
Louis. 

Sec. 6141. In what manner, and how other lands may 
be selected in lieu of sixteenth section — When the in- 
habitants of any congressional township, may, by any 
law of congress, acquire a right to relinquish their sixteenth 
section, and select lands in some other part of the state 
in lieu thereof, and when a majority of such inhabitants 
make known their intention to relinquish to the county court, 
such court shall, if good land can be selected in the same 
county, appoint some disinterested person of the county 
to make the selection, who shall, in the performance of 
his duty, conform to the law of congress giving the right 
to relinquish and select ; and the lands so selected shall, in 
all respects, be sold or managed as hereinbefore provided 
for the sale or management of sixteenth sections ; and if a 
majority of such inhabitants wish to select land, in lieu of 
their sixteenth section, in some other county, then the 
county court shall report the fact, from time to time, as 



REVISED STATUTES 1879. 99 

made known to them, to the governor, particularly de- 
scribing the land relinquished, by stating the number of 
acres, section, township and range. 

Sec. 6142. Governor to appoint a person to make such 
selection — It shall be the duty of the governor to appoint, 
when, in his opinion, it shall be necessary, some discreet 
person, who is a good judge of the value of lands, to select, 
for the inhabitants of the different townships, lands in lieu 
of those relinquished. 

Sec. 6143. Duty of such person in making' such selec- 
tion — Per diem — The person appointed by the governor 
shall make selection of lands, in lieu of those relinquished, 
in accordance with snch law as congress may pass on the 
subject, taking care to choose the most valuable, and shall 
make report of his proceedings to the governor, describ- 
ing the quantity selected, and its location, by its section, 
township and range ; for which service the person appointed 
shall be allowed two dollars per day, to be paid out of the 
state treasury. 

Sec. 6144. Grovernor to certify such selection to the 
proper county — The governor shall cause the secretary of 
state to certify such selections to the county court of the 
proper county, which certificate shall set forth a particular 
description of the land, by its section, township, rano-e and 
number of acres; and shall, also, cause the secretary of 
state to certify to the clerk of the circuit court of each 
county in which any lands so selected may be situate, the 
number of the section therein selected, township and rano-e, 
and the county for which they are selected ; which certifi- 
cate shall be recorded by such clerk in the office of the re- 
corder of such county, and a certified copy thereof shall be 
evidence. 

Sec. 6145. Sheriff may sell such selected land, suhject 
to the provisions of this chapter — The sheriffs of the re- 
spective counties, when any lands may be selected in lieu of 



100 REVISED STATUTES 1879. 

any relinquished sixteenth sections, shall sell such lands, 
under the regulations required by this article in sellino- the 
sixteenth sections proper; and wh6n they shall take a bond 
of the purchaser, shall transmit the same to the county 
court of the county to which it properly belongs. 

Sec. 6146. Attorney general, etc., to prosecute suits, 
etc. — The attorney general and circuit [prosecuting] attor- 
nej^s, within their respective [counties] circuits, shall pros- 
ecute all suits for the recovery of moneys upon contracts 
made in pursuance of the provisions of this article. 

Sec. 6147. Sheriff may, on leave of court, bid in any 
school lands — The county courts are hereby authorized, 
whenever they may deem it expedient so to do, to app(nnt 
the sheriff an agent to purchase, for the benefit of the town- 
ship in which said lands may lie, any school lands for sale: 
provided, that said sheriff shall not bid an amount exceed- 
ing the debt for which said lands are offered for sale. 

Sec. 6148. Certificates of purchase may he assigned — 
The certificate of purchase required to be given to the pur- 
chaser by the sheriff, in pursuance of section six thousand 
one hundred and twenty-three, may be assigned by indorse- 
ment thereon, in writing, by the owner thereof; which as- 
signment shall convey to the assignee all the right, title ;ind 
interest of the purchaser in the lands therein described. 

Sec. 6149. Register may issue patent to assignee, 
when — Upon due proof of such assignment to the satis- 
faction of the county court, an entry thereof shall be made 
upon the record of such court ; and that fact being certified 
to the register of lands, in addition to the facts necessary 
to be certified to enable an original purchaser to obtain a 
patent, shall authorize and require such register to issue a 
patent, in the name of the last assignee, for the land so 
transferred, in like manner and with like effect as other 
patents. 

Sec. 6150. Clerk of county court to report lands se- 



- REVISED STATUTES 1879. 101 

lectecl to register of lands — The clerk of the county 
court of all counties which shall have selected, or hereafter 
may select, school land for fractional townships, under pro- 
visions of an act of congress, entitled " an act to appro- 
priate lands for the support of schools in certain fractional 
townships in the state of Missouri," approved June 22, 
1874, shall, as soon as such selections have been made and 
approved, report the lands so selected and approved to the 
office of the register of lands of the state of Missouri, 
stating in such report correctly what lands have been se- 
lected, and for which fractional township the selection has 
been made. 

manufacturers' licenses. 

[II. Mo. Rev. Stat. 1879, Ch. 126, p. 1238.] 

See "Merchants' Licenses" [II. Mo. Eev. Stat. 1879, sec. 6313 et 
seg.] on page 102 of this compilation. Also "Taxation op Merchants 
AND Manufacturers " [II. Mo. Rev. Stat. 1879, sec. 6909 et seq.} on page 
115 of this compilation. Also Act of Dec. 19, 1865 [Laws Mo. 1865, p. 
271], and note thereunder on page 34 of this compilation. 

Sec. 6282, Mannfactiii'ers to be taxed — All manufac- 
turers in this state shall be licensed and taxed on all raw 
material and finished products, as well as all the tools, ma- 
chinery and appliances used by them, in the same manner 
as is or may be provided by law for the taxing and licens- 
ing of merchants; and no county, city, town, township or 
municipal authority thereof shall ever levy any greater 
amount of tax against any manufacturer than is levied 
against merchants for the same period : provided, that 
manufacturers shall file, separately, their sworn statement 
of the greatest aggregate amount of raw material and fin- 
ished products, which they may have had on hand between 
the first Monday in March and the first Monday in June, of 
the then current year, on any one day between said times, 
as well as the tools, machinery and appliances used in con- 



102 REVISED STATUTES 1879. 

ducting their business or owned hy them on the first day of 
June of each year ; provided, further, that nothing in this 
chapter be so construed as to apply to manufacturers whose 
raw material, finished products, tools, machinery and appli- 
ances, in the aggregate amount, be less than one thousand 
dollars. Licenses issued under this chapter shall be for one 
year, ending on the first day of June of the then current 
year, and no other or greater amount of tax of any kind, 
whether state or local, shall be assessed, levied or collected 
by the state, or any county or municipality, on such raw 
material, finished products, tools, machinery and appliances, 
than is levied for the same year, upon merchandise, under 
the law regulatino; merchants' license. 

Sec. 6283. A manufacturer defined — Every person, 
company or corporation, who shall hold or purchase per- 
sonal property for the purposes of adding to the value 
thereof, by any process of manufacturing, refining, or by 
the combination of different materials, shall be held to be 
a manufacturer for the purposes of the foregoing section. 

merchants' licenses. 

[II. Mo. Rev. Stat. 1879, Ch. 12&, p. 1244.] 

See "Manupacturkrs' Licenses" [II. Mo. Rev. Stat. 1879, sec. 
G282 et seq.] on page 101 of this compilation. Also "Taxation of Mer- 
CHANTS AND Manufacturers." [II. Mo. Rev. Stat. 1879, sec. 6909 et 
seq.'\ on page 115 of this compilation. Also Act of Dec. 19, 1865 [Laws 
Mo. 1865, p.* 271], and note thereunder on page 34 of this compilation.] 

Sec. 6313. Who declared a merchant — Every person 
or copartnership of persons, who shall deal in the selling 
of goods, wares and merchandise, including clocks, at any 
store, stand or place occupied for that purpose, is declared 
to be a merchant. 

Sec. 6314. Penalty for dealing without license — No 
person or copartnership of persons shall deal as a raer- 



REVISED STATUTES 1879. 103 

chant without a license first obtained according to Uivv ; and 
every person so offending shall forfeit to the state not 
less than fifty nor more than five thousand dollars for every 
such offense, to be recovered by indictment. 

Sec. 6315. Tax to be paid — Merchants shall pay an 
ad valorem tax equal to that which is levied upon real 
estate, on the highest amount of all goods, wares and 
merchandise which they may have in their possession or 
under their control, whether owned by them or consigned 
to them for sale, at any time between the first Monday of 
March and the first Monday in June in each year: provided, 
that no commission merchant shall be required to pay any 
tux on any unmanufactured article, the growth or produce 
of this or any other state, which may have been consigned 
for sale, and in which he has no ownership or interest other 
than his commission 

Sec. 631fi. Bond to be given — Any person or copart- 
nership of persons, applying for a license to vend merchan- 
dise, shall, before he or they shall receive such license, 
execute a bond to the state, with two or more good and 
sufficient securities, who shall be freeholders at the time, 
conditioned that he or they will, on or before the first day 
of November next following, pay to the collector of the 
proper county the tax due upon such license ; which bond 
shall be approved by the collector, and his approval in- 
dorsed thereon. 

Sec. 6318. Statement to be filed, vrben — On the first 
Monday in June in each year, it shall be the duty of every 
person or copartnership of persons, as provided by this 
chapter, to file in the office of the clerk of the county court 
of the county in which such license may have been granted, 
a statement of the greatest amount of goods, wares and 
merchandise which he or they may have had on hand at any 
time between the first Monday in March and the first Mon- 
day in June next preceding: said statement shall include 



104 liEVISED STATUTES 1879. 

goods, wares and merchandise owned by such merchant, 
and consigned to him or them for sale by other parties. 
The clerk of the county court shall, on or before the first day 
of October next after the filing of such statements, enter an 
abstract of such statements in a book to be provided for 
that purpose, to be known as the " merchant's tax book," 
which shall contain the names of the merchants, alphabeti- 
cally arranged, the amount of each statement and the 
amount of each kind of taxes levied thereon, which shall 
be the same rate as taxes assessed for the time on real es- 
tate ; and he shall, on or before the first day of October, 
make out and deliver to the collector a copy of such ab- 
stract for the year then ending, and take the receipt of the 
collector therefor, which receipt shall specify the aggregate 
amount of each kind of taxes due thereon, and the clerk 
shall charge the collector with the amount of such taxes ; 
and such clerk shall receive as compensation for making 
such tax book, copy, filing statements and certifying to same, 
the sum of six cents for each name or firm, one-half pay- 
able by the county, the other by the state. 



PUBLIC SAFETY. 
fll. Mo. Rev. Stat,. 1879, Ch. U2, p. 1299.] 
Sec. 6633. Doors to public buikling's to be hung, how — 
All the doors for ingress and egress to and from all public 
school houses and all other public buildings, and also of all 
theatres, assembly rooms, halls, churches, factories with 
more than twenty employees, and of all other buildings or 
places of public resort whatever, where people are wont to 
assemble, excepting school houses and churches of one 
room and on the ground floor, which shall hereafter be 
erected, together with all those heretofore erected and 
which are still in use as such public buildings or places of 
resort, shall be so hung as to open outwardly from the 



REVISED STATUTES 1879. 105 

audience rooms, 'halls or work-shops of such buildino^s or 
places: provided, that said doors may be hung on double 
jointed hinges, so as to open Avith equal ease outwardly and 
inwardly. 

Sec. B634. Penalty, etc. — Any architect, superintend- 
ent or other person or persons or body corporate, who may 
have charge ot the erection, or may have the control or 
custody of any of the said buildings or places of resort 
mentioned in the preceding section, who shall refuse or 
fail to comply with the provisions of said section within six 
months from the passage of this act, in case of said build- 
ings or places aforesaid, which have been heretofore erected, 
and before the completion or occupation for said purposes, 
of any of said buildings or places now in process of erec- 
tion, shall, on proof of such refusal or failure, before any 
court of competent jurisdiction, be adjudged to be guilty of 
a misdemeanor, and be punished by a fine of not less than 
one hundred nor more than one thousand dollars, which said 
fine shall be collected as is now provided by law for the col- 
lection of fines in such cases, and when collected shall be 
paid into and become a part of the public school fund of the 
county or city or incorporated town in which said misde- 
meanor was committed. 

See Ordinances of City of St. Louis " Building Ordinance Amended " 
on page 220 of this compilation. 



TAXATION AND EQUALIZATION. 

fll. Mo. Eev. Stat. 1879, Cli. 145, Art. 1, p. 1S04.] 

Sec. 6659. Exemptions — The following subjects are ex- 
empt from taxation: First, ail persons belonging to the 
army of the United States; second, lands and lots, public 
buildings and structures, with their furniture and equip- 
ments, belonging to the United States; third, lands and 
other property belonging to this stA,te ; fourth, lands and 



106 REVISED STATUTES 1879. 

other pi-opeilv belona:ing to any city, county or other muni- 
cipal corporation in this state, including market houses, 
town halls and other public structures, with their furniture 
and equipments, and all public squares and lots kept open 
for health, use or ornament ; fifth, lands or lots of ground 
granted by the United States or this st^te to any county, 
city or town, village or township, for the purpose of educa- 
tion, until disposed of to individuals by sale or lease; sixth, 
lots in incorporated cities or towns, or within one mile of the 
limits of any such city or town, to the extent of one acre, 
and lots one mile or more distant from such cities or towns, 
to the extent of five acres, with the buildings thereon, when 
the same are used exclusively for religious worship, for 
schools or for purposes purely charitable, shall be exempted 
from taxation for state, county or local purposes. 

See Section 6, Article 10 of tlie State Constitution for provisions on 
"Exemptions" which above section provides for enforcement of on 
page 182 of this compilation. See Act amending section 66G4 and Act 
amending section 6667 of this article on pages 144, 148 of this compilation. 

The words " exempted from taxation of every kiad," in a charter of an 
institution, does not cover special assessments against the property for 
improvements of the streets fronting it. Sheehan v. Good Samaritan 
Hospital, 50 Mo. 155. 

A railroad company is not required to pay school taxes in any other 
district than those through which the road pa;;ses or in which it holds 
property. Livingston County v. Hannibal, etc., R. Co., 60 iVIo. 516. 

See Act of March 15, 1883 [Laws Mo. 1883, p. 135], amending section 
6664 on page 144 of this compilation. 

Sec. 6665 Officers defined — The term "assessor" or 
" assessors," wherever used in this chapter, shall be held 
to mean and refer to county, township, city, town or dis- 
trict assessors, as the case may require. The terra " col- 
lector " or " collectors," wherever used in this chapter, 
shall be held to mean and refer to the county, township, 
city, town or district collectors, as the case may require. 

Sec 6Q6Q. Powers of state board — Such board shall 
have power to send for persons and papers, to administer 



REVISED STATUTES 1877. 107 

oaths through its officers or agents, and to take all evidence 
it may deem necessary to ascertain the value of the property 
in the different counties in the state. 

See Act of March 16, 1883 [Laws Mo. 1883, p. 133], amending section 
6667 on page 148 of this compilation. 

Sec. 6668. Duty of state auditor — Property, how equal- 
ized — The state auditor shall lay before the board the 
abstracts of all the taxable pioperty in the state, and the 
abstrjicts of the sales of real estate in such counties, as 
returned to him by the respective county clerks and the 
president of the board of assessors for the city of St. Louis, 
and the board shall proceed to equalize the valuation thereof 
among the respective counties in the following manner, to 
wit : First, they shall add to the valuation of the pro- 
perty, real or personal, in each county which they believe 
is valued below, its true value in money, such per centum 
in each case as will raise it to its true value ; second, they 
shall deduct from the valuation of the property, real or per- 
sonal, of each county which they believe to be valued above 
its real value in money, such per centage as will reduce 
the same in each case to its true value. 

Sec. 6669. Compensation of officers and members — 
The officers and members of said board shall receive the 
same pay per diem as officers and members of the general 
assembljs but no mileage shall be allowed in any case in 
consequence of their duties as members of said board ; and 
the said board shall meet biennially at such time as may be 
designated. 

Sec. 6670. State auditor to certify action to county 
clerk — When the state board of equalization shall have 
completed its labors, the state auditor shall immediately 
transmit to each county clerk the per centum added to or 
deducted from the valuation of the property of his county, 
specifying the per centage added to or deducted from the 



108 REVISED STATUTES 1879. 

real property and the personal property respectively, and 
also the value of the real and personal property of his 
county as equalized by said board ; and the said clerk shall 
furnish one copy thereof to the assessor, and one copy to 
be laid before thp annual county board of equalization. And 
it shall be the duty of the state auditor to require of clerks 
of the several county courts of this state to keep up the 
aggregate valuation of real and personal property in their 
respective counties, for those years in which no state board 
of equalization is held, to the aggregate amount iixed by the 
last state board of equalization. 



ASSESSORS AND THE ASSESSMENT OF PROPERTY. 

See Act of March 14, 1883 [Laws Mo. 1883, p. 134], ameudiug section 
6685 on page 141 of this compilation. 

[II. Mo. Rev. Stat. 1879, Ch. 145, Art. 2, p. 1313.] 

Sec. 6692. Assessment of manxifactiiring' and busi- 
ness companies and stock in other corporations — The 

l)roperty of manufacturing companies and other corpora- 
tions named in article eight, chapter twenty-one, and of all 
other corporations the taxation of which is not otherwise 
provided for by law, shall be assessed and taxed as the prop- 
erty of individuals. Persons owning shares of stock in 
banks or any joint stock institution or association doing a 
banking business, or any other insurance company, whether 
of fire, marine, life, health, accident or other insurance, in- 
corporated under or by any law of the United States or of 
this state, are not required to deliver to the assessor a list 
thereof ; but the president or other chief officers of such 
corporation shall, under oath, deliver to the assessor a list 
of all shares of stock held therein, and the names of the 
persons who hold the same, and shall also state the actual 
cash value of such stock and all the property belonging to 
such corporations. In estimating the value of such stock 



REVISED STATUTES 1879. 109 

and property, the officer making the same shall estimate 
and include all reserve funds, undivided profits, premiums 
or earnings, and all other values belonging to such corpora- 
tions, which cash value shall be assessed and taxed as other 
personal propert}^ Insurance companies or any corpora- 
tions doing business on the mutuid plan without capital 
stock, shall make like retui'ns of the net value of all assets 
or values belonging thereto, which net value shall be assessed 
and taxed in like manner. Private bankers, brokers, money 
brokers and exchange dealers shall in like manner make re- 
turn of all moneys or values of any description invested in 
or used in their business, which shall be taxed as other 
personal property: provided, however, that the license 
hereafter required to be paid by such bankers, brokers and 
dealers, in addition to such taxes, shall not exceed one hun- 
dred dollars per annum. 

See Act of Mai'ch24, 1881 [Laws Mo. 1881, p. 178], amending sections 
6695, 6705, 6716, 6717 on page 134 of this corapilation. 

Sec. 6709. Lands or lots not previously assessed — If 

by any means any tract of land or town lot shall be omitted 
in the assessment of any year or series of years, and not 
put upon the assessor's book, the same, when discovered, 
shall be assessed by the assessor for the time being, and 
placed upon his book before the same is returned to the 
court, with all arrearages of tax which ought to have been 
assessed and paid in former years charged thereon. 

Sec. 6710. Informality of assessment does not invali- 
date — No assessment of property or charges for taxes 
thereon shall be considered illegal on ' account of any in- 
formality in making the assessment, or in the tax lists, or 
on account of the assessments not being made or completed 
within the time required by law. 

Sec. 6711. Valuation to be placed on property and or- 
der of arrangement — The assessor shall value and assess 



110 KEVISED STATUTES 1879. 

all the property on the assessor's books, according to its 
true value in money at the time of its assessment ; and all 
other personal property shall be valued at the cash price of 
such property at the time and place of listing the same for 
taxation. Each tract of land and town lot shall be assessed 
and valued separately ; but all land in a section, and lots 
in a square or block owned by one person, which are 
contiguous, or which can be consolidated into one tract, 
lot or call, shall be valued as one tract, lot or call, as con- 
templated in section six thousand seven hundred and six. 
Each kind of property shall be assessed separately from 
every other, but : First, the number of horses and their 
valuation; second, the number mules and asses and their 
valuation ; third, the number of cattle and their valuation; 
fourth, the number of sheep and their valuation ; fifth, the 
number of hogs and their valuation; sixth, all moneys, 
notes, bonds and other credits, in a separate column ; but 
clocks, watches, carriages and household furniture, and 
other personal property, shall be entered in one column un- 
der the head of " other personal property." 

COLLECTION OF THE REVENUE. 

See Act of Feb'y 14, 1883 [Laws Mo. 1883, p. 141], ameucling section 
6760 on page 140 of this compilation. 

[II. Mo. Eev. Stat. 1879, Ch. 145, Art. 3, p. 1326.] 

Sec. 6759. Sheriffs to collect fines, penalties and for- 
feitvires — The sheriffs of the several counties shall collect 
and account for all the fines, penalties, forfeitures and 
other sums of money, by whatever name designated, accru- 
ing to the state or any county, in virtue of any order, 
judgment or decree of a court of record. 

Sec. 6761. Sheriffs shall settle for same quarterly — 
The several courts of record shall, at each regular term, 
cause the sheriffs of the respective counties to make a full 



REVISED STATUTES 1879. , 111 

and fair statement and settlement of all fines, penalties, 
forfeitures and judgments received by them, and not before 
accounted for and paid over. 

See Section 8, Article XI., State Constitution, respecting "Fines, Pen- 
alties and Forfeitures " on page 191 of this compilation; also section 
7103, II, Mo. Eev. Stat. 1879 amended, in reference to same subject on 
page 136 of this compilation. 

COUNTY REVENUE. 

[II. Mo. Rev. Stat. 1879, Ch. 145, Art 5, p. 1335.] 

Sec. 6798. Taxes, how assessed, levied and col- 
lected — The following named taxes shall hereafter be 
assessed, levied and collected in the several counties 
in this state, and only in the manner and not to exceed 
the rates prescribed by the constitution and laws of 
this state, viz : the state tax and the tax necessary to pay 
the funded or bonded debt of the state, the tax for current 
county expenditures and for schools. 



COLLECTOR S AND COUNCIL S DUTIES. 
[II. Mo. Rev. Stat. 1879, Ch. 145, Art. 7, p. 1350.] 

Sec. 6863. Collector of St. Louis city and his duty — 

The collector of the city of St. Louis shall collect the 
state taxes in the limits of said city in the same manner 
and to the same extent, and do and perform all other things 
and matters appertaining thereto, as fully to all intents and 
purposes as now required, or which may be required of the 
county collectors. 

Sec. 6864. Council of St. Louis city — Powers and 
duties — The council of St. Louis shall, in all things 
appertaining to the assessing and collecting the state 
revenue and licenses in the limits of said city, perform and 
do all things which heretofore devolved on the county 



112 REVISED STATUTES 1879. 

court of St. Louis county, not otherwise provided in the 
scheme and charter of said city. Whenever the county of 
St. Louis, or the county court of St. Louis county is men- 
tioned specially in this chapter, it shall be taken and 
understood as applying to the city of St. Louis. 

See Sec. 6898, II. Mo. Rev. Stat. 1879, and sees. 2, 3 and 4, ch. 14. 
Laws applicable to St. Louis [II. Mo. Rev. Stat. 1879, p. 1557]; Sec. 23, 
Art. 4, City Charter and Act March 7, 1885 [Laws Mo. 1885, p. 195], on 
pages 113, 129, 157 of this compilation for laws imposing upon city officers 
duties formerly performed by county officers. 

See Act of March 17, 1885 [Laws Mo. 1885, p. 229] amending section 
6879, enacting new section in lieu of section 6880 and amending sections 
6881, 6882, 6885, 6886 and enacting new section 6886ff on page 158 of this 
compilation. 



ASSESSMENT AND TAXATION OF RAILROADS. 
[II. Mo. Rev. Stat. 1879, Ch. 145, Art. 8, p. 1356.] 

Sec. 6883. Tax book to be delivered to collector — The 

county clerk shall, as soon as may be, after the railroad tax 
book shall have been made out and adjusted as above pro- 
vided, deliver the same to the proper collector of such 
county, take duplicate receipts therefor, transmit one to 
the state auditor and charge the collector with the total 
amount of taxes in each of the several funds in such tax 
book; and thereafter said collector shall be liable on his 
bond for the faithful collection and disbursement thereof 
according to law. 

See Act of March 15, 1883 [Laws Mo. 1883, p. 152], amending section 
6884 on page 147 of this compilation. 

Sec. 6887. Wlien collector shall make seizure for 
taxes — If any railroad company shall fail to pay to the 
proper collector of any county at least one-half of all taxes 
assessed and levied against such railroad company in said 
county, on or before the first day ot October next after the 



REVISED STATUTES 1879. 113 

same shall have become due and payable, or if such com- 
pany shall fail to pay to said collector all of the taxes levied 
ou the property of such company in said county on or be- 
fore the first day of December next after the same shall 
have become due and payable, then it shall be the 
duty of said collector, upon aiich default, to immediately 
levy upon, seize and sell any or all the rolling stock and 
other personal property of whatever description of such 
railroad company liable for taxes in said county, in the same 
manner as personal property is or may be required to be 
seized and sold under executions on judgments at law, and 
the railroad tax book delivered to the collector, as herein- 
before provided, shall for this purpose have the force and 
effect of an execution, and shall be full and sufficient au- 
thority for the collector to make such seizure and sale. 

Sec. 6898. Duties of oflacersin St. Louis — All services 
required to be performed by county officers under this ar- 
ticle, shall be performed by the corresponding officers of 
the city of St. Louis, and wherever the word "county" 
occurs, the same shall be construed to apply to and include 
the city of St. Louis. 

See note to section 6864 on page 112 of this compilation. 



TAXATION OF BOATS AND VESSELS. 

[II. Mo. Rev. Stat. 1879, Cli. U5, Art. 10, p. 1360.] 

Sec. 6905. Steamboats, boats and vessels, where 
assessed — Steamboats and other boats and vessels used in 
navio;ating the waters of this state, and all shares, stocks and 
interests therein, are hereby declared a special class of prop- 
erty for the assessment and collection of taxes. All taxes 
on such property shall be assessed and collected in the coun- 
ty or city in which the owner or owners of said property 
may reside at the time of assessment. 



I 

114 REVISED STATUTES 1879. 

Sec. 6906. Rates of taxation and how collected — 

Any city or corporation of fifty thousand inhabitants or 
more, having an improved wharf in suitable condition for 
receiving and discharging freight, may, if the annual tax 
levied by said city or corporation for municipal purposes ou 
the class of property above described, does not exceed one 
mill per dollar of the assessed valuation, charge and collect, 
for the maintenance and extension of said wharf, in addi- 
tion to the tax assessed and collected for municipal purposes, 
a wharfage tax not to exceed three cents per ton, hull and 
measurement, from all boats and vessels returned and as- 
sessed for taxation in said city for each and every landing 
at the wharf of said city: provided, however, that from all 
steamboats and vessels not owned or registered within said 
city, or which have not been returned and assessed for tax- 
ation within said city, a wharfage tax, not exceeding five 
cents per ton, hull measurement, may be collected for each 
and every landing, to be applied to the building, repairing 
and maintaining of the wharf of said city. 

Sec. 6907. Charge of wharfage, collection of — Any 
city or corporation having a population exceeding five thou- 
sand and less than fifty thousand inhabitants, and having 
an improved wharf in suitable condition for receiving and 
discharging freight, may charge and collect two dollars for 
each and every landing at said wharf; and any city or cor- 
poration having a less population than five thousand, and 
having an improved wharf in good condition, may charge 
and collect the sum of one dollar and fifty cents for each 
and every landing of any steamboat or other water craft at 
said wharf. 

Sec. 6908. Certificate to he made by assessor — 
Upon due return being made to the assessor of the 
proper county or city by the owner or owners of any steam- 
boat or other water craft, it shall be the duty of such asses- 
sor to grant a certificate for such steamboat or other water 



REVISED STATUTES 1879. 115 

craft so returned, upon demand therefor, setting forth the 
fact of such return, with the name of the owner or owners, 
and that of the steamboat or other water craft, and also the 
residence of the same and the date of such return, stating* 
the same to have been done in accordance with this article ; 
and such certificate is hereby made, declared to be, and 
shall, by all justices, magistrates, courts and officers of all 
kinds in this state, be taken and held to be conclusive evi- 
dence of the statements and facts therein made and recited. 
Such certificates shall be framed and hung up in the cabin of 
said boat in a conspicuous place. 



TAXATION OF MERCHANTS AND MANUFACTURERS. 

[II. Mo. Rev. Stat. 1879, Ch. 146, Art. 11, p. 1361.] 

See "Manufacturer's Licenses" [II. Mo. Rev. Stat. 1879, sec. 
6282 et seq.} on page 101 of this compilation. Also, "Merchants' Li- 
censes" [II. Mo. Rev. Stat. 1879, sec. 6313 et seq.} on page 102 of this 
compilation. Also Act of Dec. 19, 1865 [Laws Mo. Adj. Sess. 1865, p. 
271], and note thereunder on page 84 of this compilation. 

Sec. 6909. What shall constitute a separate class — 

For the purpose of state, county and municipal taxation, 
merchandise held by merchants, and the raw material, 
merchandise, finished products, tools, machinery, and ap- 
pliances used or kept on hand by manufacturers, shall con- 
stitute a class separate and distinct by itself. 

Sec. 6910, Lower rate of tax than that on real estate 
authorized — All cities in this state, having a population 
of over three hundred thousand inhabitants, are authorized 
to levy, for local purposes, a less ad valoretn rate of taxa- 
tion, than that levied by them on real estate or other prop- 
erty for the same purpose; and said reduction may, from 
time to time, be arranged to apply on both or either the 
tax rate for payments of valid indebtedness, or the tax rate 
for city purposes. 



IK) REVISED STATUTES 1879. 

Sec. 6911. Regulation of merchants' and manufactur- 
ers' license — All such cities, for city and local purposes, are 
hereby authorized to license, tax and regulate the occupation 
of merchants and manufacturers; and may graduate the 
amount of annual license imposed upon a merchant or man- 
ufacturer in proportion to the sales made by such merchant 
or manufacturer during the year next preceding any fixed 
date. 

OF SCHOOLS. 

[II. Mo. Kev. Stat. 1879, Ch. 150, Art. 1, p. i384]. 

See Act of March 4, 1885 [Laws Mo. 1885, p. 244], amending sections 
7122, 7123, on page 153 of this compilation; also Act April 2, 1883 [Laws 
Mo. 1883, p. 183], amending section 7030 on page 152 of this compilation. 

Sec. 7034. Renewal funding bonds, issue of — The 

board of education of any school district, organized under 
any general or special law of this state, is hereby authorized 
to issue renewal funding bonds for the district, to be 
exchanged for outstanding bonds of the district or sold for 
the purpose of meeting and paying any matured or matur- 
ino- bonded indebtedness thereof. Each bond shall be of 
the denomination of not more than one thousand nor not 
less than one hundred dollars, and shall bear interest not 
to exceed eight per centum per annum, and such interest 
shall be payable semi-annually, and to this end each bond 
shall have semi-annual coupons attached thereto, and to be 
made payable to bearer. Such renewal bonds shall be 
payable twenty years after date, but shall be redeemable at 
the pleasure of the board of education at any time after 
the expiration of five years from the date thereof , and shall 
be payable, principal and interest, in the city of St. Louis 
or the city of New York, at the option of the board of educa- 
tion, or as maybe agreed upon by such board of education and 
the purchaser of such bonds. Such board of education shall 



REVISED STATUTES 1879. 117 

be empowered to prepare and issue, from time to time, 
such number of renewal bonds as may be necessary for the 
objects and purposes of this chapter, and each bond shall 
be signed by the president, countersigned by the secretary 
or clerk, and authenticated by the seal of such board of 
education, if there be one; and shall also be attested by 
the clerk of the county court of the county in which such 
district is located, and he shall put the seal of said court on 
each of said bonds. The secretary or clerk of the board of 
education shall keep a record in the books of the school 
district of all renewal bonds that may be issued by the 
board of education under the provisions of this chapter, 
noting the date when issued and when due, and also the 
number and amount of each bond so issued, and shall also 
keep a full record of all transactions that may be necessary 
foi' the identification of such bonds. 

Sec. 7035. Exchange and sale of bonds — INo commission 
allowed — Boards of education are empowered to exchange 
the aforesaid bonds for any bonds that may now be 
outstanding against any school district so indebted; but 
no renewal bonds shall be exchanged for any out- 
standing bond for a sum less than ninety cents on the 
dollar of its face value. Said boards of education shall 
also be em[)owered to sell such renewal bonds for cash, 
if, in their judgment, it will be to the interest of such 
school district ; but no commission shall be allowed or cost 
incurred in the exchange or sale of said bonds which will 
reduce the net proceeds of the same to a less amount than 
ninety cents on the dollar, and all sums of money realized 
from the sale of said renewal bonds shall be used in the 
redemption of outstanding bonds of the school district. 

A board of education sold its bonds at ninety cents on the dollar, the 
purchaser charging and retaining out of the proceeds one per cent as a 
commission on the sale. Held, that this transaction was not a violation 
of the statute. Franklin Ave., etc., Inst. v. Board, etc., of Roscoe, 75 
Mo. 408. 



t 

118 REVISED STATUTES 1879. 

Sec. 7036. Redeemed bonds to be destroyed — When- 
ever any bonds shall be redeemed, as provided for in this 
chapter, such bonds shall be burned in the presence of a 
majority of the members of the board of education and two 
other credible persons as witnesses of the fact, and the 
secretary or clerk of the board of education shall record in 
the books of the school district a description of the bonds 
so destroyed, by noting the date when issued and when 
due, and the number and amount of each of said bonds, 
and specify what members of the board of education and 
who, as witnesses, were present at the burning of said 
bonds. 

Sec. 7037. Tax levy for sinking funds — Boards of edu- 
cation are hereby authorized to make an estimate for the 
levy of a tax, not to exceed two-fifths of one per cent, 
upon all the taxable property of the school district at its 
assessed valuation, said tax to be levied and collected in the 
same manner as other taxes for school purposes; and the 
money arising from said tax shall constitute a sinking fund, 
and shall be used only for the redemption of any outstand- 
ing bonds of such district : provided, that if such outstand- 
ing bonds cannot be obtained, then such money shall be 
invested in United States bonds or bonds of the state of 
Missouri, until such time as said outstanding bonds can be 
obtained. 

Sec. 7038. Tax levy for annual interest — Boards of 
education are hereby authorized to make an estimate for the 
levy of a tax upon all the taxable property of the school 
district at its assessed valuation, said tax to be levied and 
collected as other taxes for school purposes ; said tax to be 
sufficient in amount to pay the annual interest on all bonds 
of their respective districts, and to pay for the printing or 
engraving of any bonds that may be issued by virtue of this 
chapter. 

Sec. 7039. Compensation and liability of treasurer — 



REVISED STATUTES 1879. 119 

The treasurer of each board of education or school district 
shall be responsible on his official bond for the safe keep- 
ing of the sinking fund herein provided for, and all bonds 
in which the same or any part thereof may be invested, 
and also for any loss or damage resulting from the failure 
to burn any and all redeemed bonds as hereinbefore 
required, and shall receive such compensation for his serv- 
ices in the safe keeping of said sinking fund, and invest- 
ing and handling the same, not to exceed one per cent, 
per annum on the amount, as may be provided for by order 
of the board of education. 

See Act of March 26, 1881 [Laws Mo. 1881, p. 202], amending section 
7044 on page 138 of this compilation; also Act of March 28, 1885 [Laws 
Mo. 1885, p. 239], amending section 7045 on page 172 of this compila- 
tion. 

Sec. 7051, Condemnation of site — Whenever any dis- 
trict shall select a site for a school house, and cannot agree 
with the owner thereof as to the price to be paid for the 
same, or for any other cause cannot secure a title thereto, 
the board of directors may proceed to condemn the same, 
in the same manner as provided for condemnation of right 
of way in chapter twenty-one, article six of the revised 
statutes, entitled " of appropriation and valuation of lands 
taken for telegraph, telephone, gravel and plank or railroad 
purposes;" and on such condemnation, and the payment of 
the appraisement as therein provided, the title of such lot 
or land shall vest in the board of directors, for use in trust 
for the district. 

See State Constitution, Art. II., sec. 21, on page 177 of this compilation. 
An appropriation of property for the use of a local school is an appropri- 
ation of it to a public use. Township Board, etc., v. Hackmann, 48 
Mo. 243. See also chapter 21, article 6 of Missouri Revised Statutes, 
above referred to on page 69 of this compilation. 

See Acts of March 16 and April 2, 1883 [Laws Mo. 1883, pp. 187, 
188], amending sections 7052, 7054 on pages 149, 150 of this compilation. 



I 

120 REVISED STATUTES 1879. 

Sec. 7059. Increase of tax levy to maintain school — 

Whenever it shall become necessary, in the judgment of the 
board of directors of any school district, or board of 
trustees, or boards of education of any city, town, or vil- 
lage in the state to increase the annual rate of taxation for 
school purposes, or when any five resident taxpayers of 
such district shall petition such board, in writing, that they 
desire an increase in the rate of taxation, such board shall 
determine the rate of taxation necessary to be levied in such 
district within the maximum rates prescribed by the consti- 
tution for such purposes, and shall submit to the voters of 
said city, town, village or other school district, who are 
taxpayers of such city, town, village or other school dis- 
trict, at an election to be by such board called and held for 
that purpose, at the usual place of holding elections for 
members of such board, whether the rate of taxation shall 
be increased as proposed by said board, and if a majority 
of the voters, who are taxpayers, voting at such election, 
shall vote in favor of such increase, the result of such vote 
and the rate of taxation so voted in such district shall be 
certified by the clerk or secretary of such board or district 
to the clerk of the county court of the proper county, who 
shall, on the receipt thereof, proceed to assess and carry 
out the amount so returned on the tax book, on all the tax- 
able property, real and personal, of such city, town or vil- 
lage, or other school district, as shown by the last annual 
assessment for state and county purposes, including all state- 
ments of merchants, as provided by law. 

See section 11, article 10 of the State Constitution. 

This provision of the Constitution limiting the rate of taxation does 
not require legislative action to enforce it and goes into effect at once, 
notwithstanding the proviso allowing the rate to be increased by legisla- 
tive action, and a specified popular vote. St. Joseph Board of Public 
Schools V. Patten, 62 Mo. 444. See, also, State ex rel. v. HoUaday, 66 
IMo. 304; State ex rel. v. St. Louis, etc., R. Co., 74 Mo. 163; State v. St. 
Louis, etc., R. Co., 75 Mo. 526; McPike v. Pen, 51 Mo. 63. 



REVISED STATUTES 1879. 121 

Sec. 7060, Increase fox* erecting school houses — Such 
boards of education or school boards of any city, town or 
viUage, or board of directors of any school district in this 
state, shall, whenever it shall become necessary in their 
judgment, or be requested by a petition of ten tax payers 
of any school district, city, town or village, to increase the 
annual rate of taxation for the purpose of erecting school 
buildings in such district, determine the rate of taxation 
necessary to be levied within the maximum rates prescribed 
by the constitution, and as therein limited for such pur- 
poses, and shall submit to the voters of districts formed of 
cities, towns and villages, or other school district, at an 
election to be by such board called and held for that pur- 
pose, at the usual place of holding elections for members of 
such board, whether the rate of taxation shall be increased 
as proposed by said board for erecting school buildings ; 
and if two-thirds of the qualified voters of such school dis- 
trict, or of such city, town or village, forming a school 
district, voting at such election, shall vote in favor of such 
increase for the purpose aforesaid, the result of such vote 
and the rate of taxation so voted, shall be certified by the 
secretary or clerk of such board to the clerk of the county 
court of the proper county, who shall, on the receipt 
thereof, proceed to assess the amount so returned for build- 
ing purposes on all the taxable property, both real and per- 
sonal, of such city, town or village, forming such school 
district or other school district, as shown by the last annual 
assessment for state and county purposes, including all 
statements of merchants, as is provided by law. 

See note to Act, Dec. 9, 1865, respecting Merchants'' Statements on 
page 35 of this compilation. 

Sec. 7061. Annual election may increase tax — The 

elections authorized in this chapter may be held at the same 
time and place and in the manner now provided by law for 



122 REVISED STATUTES 1879. 

holding elections for school purposes; but the proposition 
in that event submitted must be voted upon separately, and 
certified as hereinbefore provided. 

Sec, 7062. Notice of elections for increase of tax — 
Said boards of directors, or boards of education, calling 
such election, shall cause at least fifteen days public notice 
to be given of the time and place of holding such election 
or elections, and the purposes for which it is held, by publi- 
cation in some newspaper published in such city, town or 
village forming such school district, or other school district ; 
and if no newspaper is published in such school district, 
then by five written or printed handbills, posted in five of 
the most public places in such district. 

See note to section 7059 above. 

See Act of March 31, 1885 [Laws Mo. 1885, p. 238], ameucling section 
70r>4 on page 172 of this compilation. 

Sec. 7066. Penalty for injuring" scliool property or 
failure to perform official duty — Every person who shall 
willfully injure or destroy any building used as a school 
house, or for other educational purposes, or any furniture, 
fixtures or apparatus thereto belonging, or who shall deface, 
mar or disfigure any such l)uildi ng, furniture or fixture, by 
writing, painting, cutting or pasting thereon any likeness, 
figures, words or devices, shall be fined in a sum double 
the value of any such buildings, furniture or apparatus so 
destroyed, and shall be fined in a sum not less than ten nor 
more than fifty dollars for each offense, for writing, paint- 
ing, cutting or pasting on any such building, furniture or 
fixtures, any such words, figures, likeness or device, to be 
recovered by civil proceedings in any court of competent 
jurisdiction ; and the punishment provided in this section to 
be in addition to, and not in lieu of, the punishment pro- 
vided by the statute regulating crimes and punishments for 
such offenses. Any district or county clerk, county com- 



REVISED STATUTES 1879. 123 

missioner, or county treasurer, or other officer, who shall 
persistently neglect or refuse to perform any duty or 
duties pertaining to his office under this chapter, shall be 
regarded as guilty of a misdemeanor, and subject to a fine 
of not less than fifty nor more than five hundred dollars, 
to be recovered in any court of law in this state having com- 
petent jurisdiction. 

See sections 1366 and 1367 ou pa2;e 79 of this compilation. 
See Act of April 2, 1885 [Laws Mo. 1885, p. 243], amending section 
7077 on page 174 of this compilation. 

Sec. 7078. Register of attendance — It shall be the duty 
of every teacher employed in any of the public schools of the 
state, to keep a daily register, in which the names, ages and 
date of entrance of the pupils shall be entered, and the 
studies pursued by the same ; the date of each visitation by 
the directors or other school officer, which register shall be 
open to the inspection of the public at all times. 

Sec. 7090. Duties of state board of education — It 
shall be the duty of the state board of education to take 
the general supervision over the entire educational interests 
of the state; to direct the investment of all moneys re- 
ceived by the state to be applied to the capital of any fund 
for educational purposes ; to see that all funds are applied 
to such branch of the educational interests of the state as, 
by grant, gift, devise or law, they were originally intended. 

Sec. 7091. Duty of board in relation to swamp lands — 
The state board of education is hereby required to ascer- 
tain from all the various counties in the state having swamp 
or other school lands, what disposition has been made of the 
same, and when in any case it shall be ascertained that the 
objects of the grant have been violated, the funds arising 
therefrom perverted, or the lands or moneys used for any 
purpose other than those named in the grant and by the 
law intended, it shall be their duty to institute suits to re- 



I 

124 REVISED STATUTES 1879. 

cover the same in the name of the state, in behalf of the 
public schools of the county in which such lands lie. 

Sec. 7092. Duty as to state school fund of counties — 
It shall also be the duty of the said board of education to 
ascertain from all the counties of the state what disposition 
has been made of the state school fund drawn by the coun- 
ties from the state yearly, how mnch thereof has been trans- 
ferred to the school townships, and when any such fund, or 
any part thereof, has been diverted from its lawful use, it 
shall be their duty, in like manner as in the last section 
provided, to institute suit for and collect the same, and re- 
turn it to its legitimate channel. 

Sec. 7095. Public school fund — From what sources 
derived, and how invested — There is hereby created a 
public school fund, the annual income of which shall be 
applied as hereinafter directed. The proceeds of all lands 
that have been or may be hereafter granted by the United 
States to this state, and not otherwise appropriated by this 
state or the United States ; also, all moneys, stocks, bonds, 
lands or other property now belonging to any fund for 
the purposes of education, except wherein the vested rights 
of tov/nships, counties, cities or towns would be infringed ; 
also, the net proceeds of the state tobacco warehouse, and 
of all sales of lands and other property and effects that 
may accrue to the state by escheat, or for sale of estrays, 
or for unclaimed dividends or distributive shares of the es- 
tate of deceased persons, or from fines, penalties or for- 
feitures; also, any proceeds from the sale of public lands 
which may have been or hereafter may be paid over to this 
state, if congress will consent to such appropriation ; also, 
all other grants, gifts or devises that have been or hereafter 
may be made to this state, and not otherwise appropriated 
by the terms of the grant, gift or devise; which shall be in- 
vested under the direction of the state board of education, 
either in bonds of the United States or bonds of the 



REVISED STATUTES 1879. 125 

State of Missouri ; the ii)come of which, together with 
twent3'^-five per cent, of the state revenue shall be applied 
annually to the support of the public schools provided for 
in this chapter, to be divided and apportioned as hereinafter 
provided. 

See Article XL, section 6, Constitution on page 190 of this compilation. 

Sec. 7096. Account kept, by whom — The regular ac- 
count of the public school fund shall be kept by the state 
auditor, who shall quarterly certify to the treasurer a copy 
of such accounts, not before reported by him. 

Sec. 7098. Investment of money belonging to capital 
of fund — Whenever there shall be in the treasury, or else- 
where, subject to the order of the treasurer, any money be- 
longing to the capital of the public school funds, the state 
auditor shall make reports thereof to the state board of 
education, who shall direct the investment of the same in 
bonds of the United States, or bonds of the state of Mis- 
souri. That portion of the income and revenue to be dis- 
tributed for the support of the public schools shall be 
payable on the warrant of the auditor, in favor of the 
treasurers of the several counties, in each year, immedi- 
ately after the apportionment of such moneys shall have 
been made and filed. The board of president and directors 
of the St. Louis public schools shall return the annual 
enumeration made by it of children of school age resident 
within said city, to the state superintendent of public 
schools ; and it shall be the duty of the state superintend- 
ent of public schools to apportion to said city its share of 
the annual income of the public school funds, upon such 
enumeration and return, and certify the same to the state 
auditor, and the state auditor shall, annually, immediately 
after such apportionment has been made and filed, draw 
his warrant for its share thus apportioned, in favor of the 



126 REVISED STATUTES 1879. 

board of president and directors of the St. Louis public 
schools, on the state treasurer. 

See Act of March 24, 1881 [Laws Mo. 1881, p. 203], amending section 
7103 on page 136 of this compilation. 

Sec. 7105. Collection of fines and penalties, and other 

school moneys — The said county clerk shall collect, or 
cause to be collected, the fines and penalties and all other 
moneys for school purposes in his county, and pay the same 
over to the county treasurer, on account of the public school 
fund ; and he shall inspect all accounts of interest for sec- 
tion sixteen and other school lands, whether the interest is 
paid by the state or by the debtors, and take all the proper 
measures to secure to each township its full amount of school 
funds. 

See section 8, article 11 of the State Constitution; sections 6759 and 
7616 of Missouri Revised Statutes, and Act referred to in note to last 
preceding section ou p^es 110, 136, 191 of tliis compilation. 

Sec. 7106. Township school fund, from what source 
derived — The proceeds of the sixteenth section, or other 
lands selected in lieu thereof, the interest of such proceeds, 
the rents and profits of such lands, and all the public school 
moneys which shall be apportioned to any unorganized 
township, arising from dividends, proceeds and profits of 
the public school fund, shall constitute a township school 
fund. 

Sec. 7124. Distribution of funds when township lies 
in two counties — Where any original surveyed township, 
in which section sixteen has been sold, shall lie in two or 
more counties, the clerks of the respective counties shall 
certify to the clerk of the county in which that portion of 
the said township lies containing said section sixteen, the 
enumeration of scholars in that part of said township em- 
braced in their respective counties; and the clerk of said 



REVISED STATUTES 1879. 127 

county in which said section sixteen is situate shall appor- 
tion the fund derived from said section sixteen to the dif- 
ferent portions of said township, according to said 
enumeration, and shall certify to the clerks of the other 
counties the amount belonging to the parts of said township 
situate in their respective counties, and draw an order in 
favor of the treasurers of the other counties on the treas- 
urer of his own county, for the amount belonging to each ; 
and the clerks of the respective counties shall apportion the 
same to such parts thereof as may be entitled thereto. 

See Act of March 18, 1885 [Laws Mo. 1885, p. 245], amending section 
7125 on page 167 of this compilation. 

Sec. 7127. Report of county clerk to state superin- 
tendent — The clerk of each and every county court shall, 
on or before the first day of November, annually, make out 
and transmit to the superintendent of public schools, at Jef- 
ferson City, an abstract of all the returns of school dis- 
tricts, cities or towns, in his county, made to him, according 
to the form that may be prescribed by the state superin- 
tendent ; also, the amount of income of the school funds 
of said county, and amount realized from taxes collected 
therein. 

Sec. 7129. Collector's receipt and compensation — It 
shall be the duty of the county clerk to take a receipt from 
the county collector for the school taxes by him placed on 
the school tax book ; and the collector shall proceed to col- 
lect the same, in like manner as the state and county taxes 
are or may be collected ; and he shall receive, as full com- 
pensation for his services, on the amount collected and paid 
over by him, the same per cent, as is allowed by law to 
collectors for collecting other taxes ; and he shall pay over, 
monthly, to the county treasurer all such taxes collected, 
and take his receipt therefor. 

Sec. 7130. Collection of delinquent taxes — The col- 



128 REVISED STATUTES 1879. 

lector shall, at the same time of returning the land delin- 
quent list for state and county taxes, return therewith all 
land school taxes herein provided for, which shall remain 
unpaid ; and when so returned, the same shall be a lien on 
such real estate, and be collected in the same manner that 
other delinquent taxes on land are collected, and, when so 
collected, shall be paid over to the county treasurer as 
other school taxes. 

SELLING LIQUOR TO STUDENTS OF SCHOOLS. 
[II. Mo. Rev. Stat. 1879, Ch. 156, Art. 2, p. 1429.] 

Sec. 7276. Selling liquor to students, bovr punished — 

Any person who shall knowingly sell, give, or in any 
manner dispose of any intoxicating liquor to any student of 
the state university, or of any school, college or academy 
in this state, shall be guilty of a misdemeanor, and shall, 
upon conviction, be punished by a fine of not less than forty 
nor more than four hundred dollars, or by imprisonment in 
the county jail not less than three months, nor more than one 
year, or by both such fine and imprisonment : provided, that 
it shall be lawful for druggists to sell or give such liquor 
to any student upon the written i)resoription of a regular 
practicing physician in good standing, or upon the written 
order of the president of the university or college, or the 
principal of the school or academy at which such student may 
be in attendance, or by the written order or consent of the 
parent or guardian of such student : provided, that nothing 
in this section shall be so construed as to apply to any 
mercantile or business college. 

EXEMPTION FROM JURY SERVICE. 

[II. Mo. Rev. Stat 1879, Ch. 5, Laws applicable to St. Louis, p. 1521.] 

Sec. 9. Who exempt from jury duty — The name of no 
person shall be taken down who shall, when called on by 



REVISED STATUTES 1879. 129 

said commissioner or iiis deputy, establish to the satisfaction 
of sucli commissioner or deputy, by competent proof and 
upon diligent inquiry made by said officer, a legal exemption 
from ]ury duty as a member of any military or fire com- 
pany or otherwise ; * * * or who holds any office of 
profit or employment created by or authorized under the 
laws of the United States, or of the state of Missouri, or 
the ordinances of the city within which such jury commis- 
sioner is appointed. * * * And it shall be the duty of 
every court of record in said city to excuse from service, as 
a juror, every person who, being examined on the voir dii'e, 
shall appear to the court to be a person whose name ought 
not to have been placed upon the jury list under the provi- 
sions of this act, or who has served on any jury in any 
court of this state within twelve months next preceding, if 
challenged for that cause by either party of the suit ; and 
the court may excuse such person without challenge by either 
party. 

The Legislative Committee reported that they were advised by the 
Attorney of the Board that members of the School Board are exempt from 
jury service. See V. Off. Proc. 325. 



CERTAIN DUTIES TO BE PERFORMED BY CERTAIN OFFICERS. 

[II. Mo. Rev. Stat. 1879, Ch. 14, Laws applicable to St. Louis, p. 1557.] 

Sec. 2. Mvmicipal assembly, etc., to perforin duties 
of county court — All acts and parts of acts which provide 
for the performance of any duty or trust by any county 
court in this state, shall also include the municipal assem- 
bly, and the mayor and comptroller of the city of St. 
Louis. 

Sec. 3. Certain laws to apply to St. Louis — All laws 
requiring any officer of any county to perform any duty, 
service or trust, under the laws of this state, shall include 
9 



I 

130 REVISED STATUTES 1879. 

all corresponding oity officers named in the charter and 
scheme of separation for the government of the city and 
county of St. Louis. 

Sec. 4. Duties of tlie county clerk to be performed by 
the register — All laws providing for the performance of 
any duty, service or trust, by any county clerk, shall apply 
to the register of the city of St. Louis, as if such officer 
was specially named in such law, acts or parts of acts. 

See note to section 6864 Missouri Kevisecl Statutes respecting duties 
to be performed by officers on page 112 of this compilation. 



ACTS 



MISSOURI LEGISLATURE 



PASSED SUBSEQUENT TO THE 



EEYISED STATUTES OF 1879. 



N. B. — In Acts in which the words " so that said section when 
SO amended will read as follows:" or similar words appear, 
sub-heads have been omitted. 

EMPLOYMENT OF ELECTIONEERERS. 

This A.ct does not appear in the Revised Statutes of 1879 and would 
therefore be regarded as repealed. But the law relating to registration, 
approved March 31, 1883 [Laws Mo. 1883, p. 38], see page 64 of this 
compilation, cites it in such manner that it may be construed as being 
re-enacted. It is therefore inserted here. 

AN ACT to provide for punishing persons for giving or receiving any 
money or other valuable thing, to be used for electioneering purposes. 
[Laws Mo. 1874, Adj. Sess., p. 54.] 

Be it enacted by the General Assembly of the State of 
Missouri, os follows: 

Section 1. Penalty for bribing voters or employing elec- 
tioneerers — Every person who shall give any money or 
other valuable consideration to any person whomsoever, 
for the purpose of securing the services of such person as 
a canvasser or electioneerer in any election held under or 

(131) 



I 

132 ACTS SUBSEQUENT TO REVISED STATUTES. 

in pursuance of the laws of this state, or of any town or 
city duly incorporated under the laws of this state, 
and every person who shall give to another any money or 
other valuable thing to be used in paying for vinous, 
spirituous or fermented liquors, to be o^iven away or 
treated, or which may been given away or treated, at 
any election, or during the canvass preceding any such 
election, shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine not 
less than six hundred dollars, nor more than one thousand 
dollars, or by imprisonment in the county jail not less than 
six nor more than twelve months, or by both such fine and 
imprisonment. 

Sec. 2. Penalty for accepting gifts, bribes, etc. — If 
any person shall receive any money or property, or other 
valuable thing whatever, to influence such person in his 
vote in any election held under the laws of this state, or of 
any incorporated town or city, or to be used by such person 
for the purpose of influencing or controlling, or in any 
manner affecting any such election, or to be used for any 
electioneering purposes whatever, such person shall be 
deem guilty of a misdemeanor, and upon conviction thereof 
shall be fined in a sum of not less than five hundred dol- 
lars, nor more than one thousand dollars, or by imprison- 
ment in the county jail not less than six months nor more 
than one year, or by both such fine and imprisonment. 

Sec. 3. Parties convicted shall forfeit tlieir office — 
If any person convicted under the provisions of this act 
shall have been a candidate for any office at the election at 
which he committed the offense for which he was convicted, 
he shall, in addition to the penalties prescribed in this act, 
be ineligible to such office, and if he was elected at such 
election, his conviction as aforesaid sUall vacate his office, 
and the same shall be filled in the manner provided by 
law. 



ACTS SUBSEQUENT TO EEVISED STATUTES. 133 

Sec. 4. Act takes effect immediately — This act shall 
take effect and be in force from and after its passage. 
Approved March 18, 1874. 

SALE OF FRACTIONAL PART OF SIXTEENTH SECTION. 

AN ACT to amend Section six thousand one hundred and seventeenth 
of Article two of the Eevised Statutes of Missouri of 1879, concerning 
" School Lands." [Laws Mo. 1881, p. 157.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

Section 1. Amend section 6117 of the Revised Statutes 
of Missouri of 1879, by adding the following proviso there- 
to : " Provided, that in any fractional township in this state 
wherein less than fifteen householders now, or shall here- 
after reside, a majority of the householders of such frac- 
tional township may petition the county court for an order 
to sell the sixteenth section in such fractional township, or 
other lands which have been, or shall be selected in lieu 
thereof, in like manner as hereinbefore provided," so that 
said section when so amended will read as follows : 

Section 6117. In all congressional townships in this State 
ill which there are fifteen householders, they shall have the 
right to sell their sixteenth sections, or such lands as have 
been or shall be selected in lieu thereof; and upon the peti- 
tion of a majority of such householders, the county court 
shall make an order, a copy of which shall be furnished to 
the sheriff, directing him to expose such lands to sale at the 
court house door, and while the circuit court of the county 
is in session, after giving sixty days notice thereof : Pro- 
vided, that in any fractional township in this State wherein 
less than fifteen householders now, or shall hereafter reside, 
a majority of the householders of such fractional township 
may petition the county court for an order to sell the six- 
teenth section in such township, or other lands which»have 
been or shall be selected in lieu thereof, in like manner as 
hereinbefore provided. 

Approved March 24, 1881. 



134 ACTS SUBSEQUENT TO REVISED STATUTES. 

ASSESSMENT, TIME OF CHANGED. 

AN ACT to amend Sections 6685, 6688, 6695, 6699, 6 705, 6707, 
6716, 6717 and 6718 of Article 2 of Chapter 145 of the Revised Statutes, 
entitled "Assessors and the Assessment of Property," by changing the 
time of the assessment from August first to June first, and to provide for 
the listing and assessment of real estate biennially [Laws Mo. 1881, 
p. 178] contains the following: 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

Sec. 3. That section 6695 of the Revised Statutes be 
and the same is hereby amended by striking out the words 
and figures " August, 1871 and 1872," in the second line, 
and inserting in place thereof the words and figures 
"June, 1881," so that said section, when amended shall 
read as follows: 

Sec. 6695. The clerk of the county court shall deliver to 
the assessor, on or before the first day of June, 1881, and 
every two years thereafter, tiie assessor's book of the last 
assessment of real estate, and the list of taxable lands furn- 
ished by the Register of Lands, and take his receipt therefor ; 
and the assessor, so soon as he shall have completed his 
assessment and made his assessor's books for the year, shall 
return the whole of such papers and documents to the 
clerk. 

Sec. 5. That section 6705 of the Revised Statutes be and 
the same is hereby amended by striking out the words and 
figures "August, 1872," from the second Hue, and insert- 
ing the words " June, 1881," in place thereof, so that said 
section, when amended, shall read as follows : 

Sec. 6705. Real estate shall be assessed at the assessment 
which shall commence on the first day of June, 1881, and 
shall only be required to be assessed every two yeai-s there- 
after. Each assessment of real estate so made shall be the 



ACTS SUBSEQUENT TO REVISED STATUTES. 135 

basis of taxation on the same for the two years next suc- 
ceeding. 

Sec. 6. That section 6707 of the Revised Statutes be and 
the same is hereby amended by inserting the word " assess- 
ment " after the word " three," in the ninth line thereof, 
so that said section, when amended, shall read as follows : 

Sec. 6707. The President of the Board of Assessors of 
St. Louis city shall cause to be prepared plats, covering all 
tracts and lots of land in said city, showing, upon the 
respective pieces of property, as marked down on said 
plats, the names of the persons to whom each tract or lot 
was assessed for each year. He shall cause the changes for 
the assessment of the following years to be marked in 
different inks, stating on the first leaf of each plat book for 
what years the different inks were used ; and such plats 
shall not be used to record the changes for a longer period 
than three assessment years on each set of plats. 

Sec. 7. That section 6716 of the Revised Statutes be and 
the same is hereby amended by striking out the word 
"August," from the second line, and inserting the word 
"June" in place thereof, so that said section, when 
amended, shall read as follows: 

Sec. 6716. Every person owning or holding property on 
the first day of June, including all such property purchased 
on that day, shall be liable for taxes thereon for the ensu- 
ing year. 

Sec. 8. That section 6717 of theRevised Statutes be and 
that the same is hereby amended by striking out the word 
" August," from the second line, and inserting the word 
" June " in place thereof; and by striking out the word 
" annually " from the third line, and inserting the word 



f 

136 ACTS SUBSEQUENT TO REVISED STATUTES. 

" biennially " in place thereof: so that said section, when 
amended, shall read as follows: 

Section 6717, Government lands entered or located on 
prior to the first day of June, shall be taxable for that year 
and biennially thereafter ; school and swamp lands and lots 
shall become taxable whenever the county sells, conveys, 
or agrees to convey its title; real property shall in all cases 
be liable for the taxes thereon, and a lien is hereby vested 
in favor of the State in all real property for all taxes there- 
on, which lien shall be enforced as hereinafter provided in 
this chapter. Said lien shall continue and be in force until 
all taxes, forfeitures, back taxes and costs shall be fully 
paid or the land sold or released as provided in this chap- 
ter. 

Approved March 24, 1881. 

INVESTMENT OF COUNTY SCHOOL FUND. 

AN ACT to ameud Section seven thousand one hundred and three 
(7103), Article one (1), Chapter one hundred and lifty (150), of the Re- 
vised Statutes of the State of Missouri for the year 1879, entitled 
Schoo s," in relation to county school funds. [Laws Mo. 1881, p. 203.] 

Be it enacted by the General Assembly of the State of 

Misso uri , as follows : 

[Section 1.] That section seven thousand one hundred 
and three (7103), article one (1), chapter one hundred and 
tift}" (150) of the Revised Statutes of the State of Missouri 
be amended by striking out the word '' legal " in the third 
line of said section, l)etween the words " highest " and 
" rate," in the third line of said section; and by inserting 
the words " that can be obtained, not exceeding ten nor less 
than six per cent, per annum," between the words 
" interest " and " on," in the third line of said section so 
that said section as amended shall read as follows : 

Section 7103. It is herebv made the duty of the several 



ACTS SUBSEQUENT TO REVISED STATUTES. 137 

county courts of this State, to diligently collect, preserve, 
and securely invest at the highest rate of interest that can 
be obtained, not exceeding ten nor less than six per cent, 
per annum, on unencumbered real estate security, worth at 
all times at least double the sum loaned, with personal se- 
curity in addition thereto, the proceeds of all moneys, 
stocks, bonds and other property belonging to a county 
school fund ; also, the net proceeds from the sale of 
estrays ; also, the clear proceeds of all penalties and for- 
feitures, aud of all fines collected in the several counties 
for any breach of the penal or military laws of the State; 
and all moneys which shall be paid by persons as an equiva- 
lent for exemption from military duty, shall belong to, and 
be securely invested and sacredly preserved in the several 
counties, as a county public school fund, the income of 
which fund shall be faithfully appropriated for establishing 
and maintaining free public schools in the several counties 
of this State. 

[Sec. 2.] That all acts and parts of acts inconsistent 
with or repugnant to the provisions of this act, are hereby 
repealed. 

Approved March 24, 1881. 



ILLEGAL fees. 

AN ACT to amend Section 14:86, Chapter 24, Article 6, of the Eevised 
Statutes of Missouri, in relation to "Crimes and Criminal Procedure." 
[Laws Mo. 1881, p. 111.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

Section 1. That section 1486, chapter 24, article 6, of 
the Revised Statutes of Missouri, be amended by striking 
out the word " and," where it occurs in the second line of 
said section between the words " demand " and " receive," 



t 

138 ACTS SUBSEQUENT TO REVISED STATUTES. 

and inserting in lieu thereof the word " or," so that said 
section shall read as follows : 

Section 1486. Every officer who shall, by color of his 
office, unlawfully and willfully exact, or demand, or receive 
any fee or reward to execute or do his duty, or for any 
official act done, or to be done, that is not due, or more than 
is due, or before it is due, shall, upon conviction, be ad- 
judged guilty of a misdemeanor. 

Approved March 26, 1881. 

USE 'or SCHOOL HOUSES. 

AN ACT to amend Section seven thousand and forty-four (7044), Arti- 
cle one (1), Chapter one hundred and fifty (150), Revised Statutes of 
Missouri, in relation to the use of School Houses. [Laws of Mo. 1881, 
p. 202.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as foUoivs: 

[Section 1.] That section seven thousand and forty-four 
(7044), article one (1), chapter one hundred and fifty 
(150), Revised Statutes, be amended by adding to said 
section the following words: "Nothing in this section 
shall be so construed as to prevent the use of any school 
house for religious, literary or other public purposes, when 
such use shall be demanded by a majority of the voters of 
such district, voting at any annual or special meeting where 
such question was submitted," so that said section, when 
amended shall read as follows: 

Section 7044. The board of directors shall have the care 
and keeping of the school house and other property be- 
longing to the district, except such as may be especially 
confided to the district clerk. They shall provide the nec- 
essary globes, maps and other apparatus for the school 
room, shall keep the house in good condition and repair 
during the period a school shall be taught therein, as well 



ACTS SUBSEQUENT TO REVISED STATUTES. 139 

as the out-houses belono^iiig thereto, and the grounds com- 
prising the site therefor, provide fuel and other material 
necessary for the use of the school, and shall cause an ac- 
curate account of the expense thereof to be kept, and sub- 
mit a report of the same at the ensuing annual meeting. 
Nothing in this section shall be so construed as to prevent 
the use of any school house for religious, literary or other 
public purposes, when such use shall be demanded by a 
majority of the voters of such district, voting at any an- 
nual or special meeting where such question was submitted. 
Approved March 26, 1881. 

Use for Sunday School — The board of directors of a school dis- 
trict have no power to allow a school house to be used for the purposes 
of a Sunday School — a use having no connection with the educational 
purposes for which the building was constructed. Dorton v. Hearn, 67 
Mo. 301. 



SURPLUS FUNDS FROM JUDICIAL SALES OF REAL ESTATE. 

AN ACT to provide for the disposition of surplus funds accruing from 
the sale of real estate. [Laws Mo. 1883, p. 147.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

Section 1. Disposition of surplus in sales of real 
estate for taxes — When real estate has been sold for taxes 
or other debt by the sheriff of any county within the state 
of Missouri, and the same sells for a greater amount than 
the debt or taxes and all costs in the case, and the owner 
or owners, agent or agents cannot be found, it shall be the 
duty of the sheriff of the county, when such sale has been 
or may hereafter be made, to make a written statement 
describing each parcel or tract of land sold by him for a 
greater amount than the debt or taxes and all costs in the 
case, and for which no owner or owners, agent or agents 
can be found, together with the amount of surplus money 



I 

140 ACTS SUBSEQUENT TO REVISED STATUTES. 

in such case, which statement shall be subscribed and sworn 
to by the sheriff making the same before some officer 
competent to administer oaths within this state, and then 
presented to the county court of the county where such sale 
has been or may hereafter be made ; and on the approval 
of the statement by the court, the sheriff making the same 
shall pay the said surplus money into the countj^ treas- 
ury, take the receipt in duplicate of said treasurer for 
said overplus of money, and retain one of the said 
duplicate receipts himself and file the other with the 
county court, and thereupon the court shall charge said 
treasurer with said amount. And said treasurer shall place 
such moneys to the credit of the school fund of the county, 
to be held in trust for the term of twenty years for the 
owner or owners or their legal representatives. And at the 
end of twenty years, if such fund shall not be called for, 
then it shall become a permanent school fund of the 
county. County courts shall compel owners or agents to 
make satisfactory proof of their claims before receiving 
moneys: provided, that no county shall pay interest to the 
claimant of any such fund. 

Sec. 2. Repeal of act of Mavcli 19, 1881 — That the 
act entitled " An act to provide for the disposition of sur- 
plus funds accruing from the sale of real estate," approved 
March 19th, 1881, be and the same is hereby repealed. 

Approved February 10, 1883. 

FINES, PENALTIES AND FORFEITURES. 

AN ACT to amend sections 6760, 6762, 6764, 6765, 6766, 6767 and 6769 
of article 3, chapter 145, relating to the "Collection of the Revenue" 
[Laws Mo. 1883, p. 141], contains the following: 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows: 

Section 1. That section 6760 of chapter 145, article 3, 
of the Revised Statutes of the state of Missouri, relating to 



ACTS SUBSEQUENT TO REVISED STATUTES. 141 

the " Collection of the revenue," be and the same is hereby 
amended by striking out the words " collector of the rev- 
enue," in the sixth and seventh lines of said section, and 
inserting in lieu thereof the words " county treasurer," so 
that said section as amended, shall read as follows : 

Section 6760. The clerks of the several courts of record 
shall keep a true account of all tines, penalties, forfeitures 
and judgments imposed, adjudged or rendered in favor of 
the state or any county by their respective courts, distin- 
guishing those payable to the state from those payable to 
the county, and shall keep the same open for the inspection 
of the judges of the respective courts and the county treas- 
urer. 

Approved February 14, 1883. 



ASSESSMENT, CLASSIFICATION. 

AN ACT to amend section 1 of an act entitled "An act to ameud sections 
6685, 6688, 6695, 6699, 6705, 6707, 6716, 6717 and 6718 of article 2 of cliap- 
ter 145 of tlie Eevised Statutes, entitled ' Assessors and the Assessment 
of Property,' by changing the time of assessment from August 1st to 
June 1st, and to provide for the listing and assessment of real estate 
biennially," approved March 24, 1881. [Laws Mo. 1883, p. 1H4.] 

Be it enacted by the General Assembly of the /State of 
Missouri, as follows : 

[Section 1.] That section 1 of an act of the general 
assembly of the state of Missouri, approved March 24th, 
1881, entitled " An act to amend sections 6685, 6688, 6695, 
6699, 6705, 6707, 6716,6717 and 6718 of article 2 of chap- 
ter 145 of the Revised Statutes, entitled ' Assessors and the 
Assessment of Property,' by changing the time of assess- 
ment from August 1st to June 1st, and to provide for the 
listing and assessment of real estate biennially," be and the 
same is hereby amended by striking out in the tenth sub- 
division of said section all that part between the word 
"connected," in the sixth line thereof, and the word "all," 



f 

142 ACTS SUBSKQUENT TO REVISED STATUTES. 

in the twelfth line therein, to wit : "All shot towers and all 
machinery therewith connected, all smelting furnaces and 
all machinery therewith connected, all gristmills, sawmills, 
oilmills, tobacco, hemp and cotton factories, tobacco stem- 
meries, ropewalks, manufactories of iron, nails, glass, 
clocks, and all other property belonging to manufactories 
of whatever kind, all wool carding machines, all distilleries, 
breweries, and all tanneries, all iron, copper, brass and 
other foundries," and in lieu thereof insert, " and ail port- 
able mills of every description," which said section, when 
so amended, shall read as follows: 

Section 1. The assessor, or his deputy or deputies, 
shall between the first days of June and January, and after 
being furnished with the necessary books and blanks by the 
county clerk, at the expense of the county, proceed to take 
a list of the taxable personal property in his county, town 
or district, and assess the value thereof in the manner fol- 
lowing, to-wit : He shall call at the office, place of doing 
business or residence of each person required by this act to 
list property, and shall require such person to make a cor- 
rect statement of all taxable property owned by such person 
or under the care, charge or management of such person, 
except merchandise, which may be required to pay a license 
tax, being in any county in this state, in accordance with 
the provisions of this chapter; and the person listing the 
property shall enter a true and correct statement of such 
property in a printed or written blank, prepared for that 
purpose, which statement, after being filled out, shall be 
signed and sworn to, to the extent required by this chapter, 
by the person listing the property, and delivered to the as- 
sessor. Such list shall contain : First, a list of all the real 
estate and its value, to be listed and assessed on the first 
day of June, 1881, and biennally thereafter, anything in 
this or any other act to the contrary; second, a list of all 
the live stock, showing the number of horses, mares and 



ACTS SUBSEQUEJVT TO KEAISED STATUTES. 143 

geldings, and their value; the number of asses and jennets, 
and their value; the number of mules, and their value ; the 
number of neat cattle, and their value ; the number of 
sheep, and their value ; the number of hogs, and their 
value, and all other live stock, and its value; third, an 
aggregate statement of all the farm machinery and 
implements, and their value; fourth, a statement of 
household property, including the number of pianos and 
other musical instruments, clocks, watches, chains and ap- 
pendages, sewing machines, gold and silver plate, jewelry, 
household and kitchen furniture, and the value thereof; 
fifth, money on hand ; sixth, money deposited in any bank 
or other safe place ; seventh, an aggregate statement of sol- 
vent notes unsecured by mortgage or deed of trust ; eighth, 
an aggregate statement of all solvent notes secured by mort- 
gage or deed of trust ; ninth, an aggregate statement of all 
solvent bonds, whether state, county, town, city, township, 
incorporated or unincorporated companies; tenth, all other 
property not above enumerated (except merchandise), and 
its value ; under this head shall be included all pleasure car- 
riages of all kinds, all shares of stock or interest held in 
steamboats, keelboats, wharf boats and all other vessels, 
all toll bridges, all printing presses, type and machinery 
therewith connected, and all portable mills of every dis- 
cription, all post coaches, carriages, wagons and other vehi- 
cles used by any person in the transportation of mails (except 
railway carriages), all carriages, hacks, wagons, buggies 
and other vehicles of every kind and description kept or 
used by liverymen, all carts, hacks, omnibusses and other 
vehicles used in the transportation of persons (except rail- 
way carriages), and all paintings and statuary, and every 
other species of property not exempt by law from taxation. 
Approved March 14, 1883. 



I 

144 ACTS SUBSEQUENT TO REVISED STATUTES. 

MEANING OF CERTAIN TERMS. 

AN ACT to amend and re-enact section 6(564 of article 2 [1] of chapter 

145 of the Revised Statutes of Missouri, entitled " Of the Assessment and 
Collection of the Revenue." [Laws Mo. 1883, p. 135.] 

Be it enacted hy the General Assembly of the Stale of 
Missouri, as follows: 

[Section l.J That section 6664 of article 2 [1] of chap- 
ter 145 of the Revised Statutes of Missouri be and the same 
is hereby amended and re-enacted by adding after the word 
" thereon," in the sixth line, the words: " all shot towers, 
all machinery therewith connected, all smelting furnaces 
and all machinery therewith connected, all grist mills, saw 
mills (except portable mills of every description), oil mills, 
tobacco, hemp and cotton factories, tobacco sterameries, 
rope-walks, manufactories of iron, nails, glass, clocks, and 
all other property belonging to manufactories of whatever 
kind, all wool carding machines, all distilleries, breweries, 
and all tanneries, all iron, copper, brass and other found- 
ries," so that said section, when so amended, shall read 
as follows : 

Section 6664. The term " real property," " real estate," 
" land " or " lot," Avherever used in this chapter, shall be 
held to mean and include not only the land itself, whether 
laid out in town or city lots or otherwise, with all things 
contained therein, but also all buildings, structures and im- 
provements and other permanent fixtures, of whatsoever 
.kind thereon, all shot towers, and all machinery therewith 
connected, all smelting furnaces and all machinery there- 
with connected, all grist mills, saw mills (except portable 
mills of every description), oil mills, tobacco, hemp and 
cotton factories, tobacco stemmeries, rope walks, manufac- 
tories of iron, nails, glass, clocks, and all other property 
belonging to manufactories of whatever kind, all wool card- 
ing machines, all distilleries, breweries, all tanneries, all 



ACTS SUBSEQUENT TO REVISED STATUTES. 145 

iron, copper, brass and other foundries, and all rights and 
privileges belonging or in any wise pertaining thereto, ex- 
cept where the same may be otherwise denominated by this 
chapter. The term " bonds," or" stocks," wherever used 
in this chapter, shall be held to mean and include bonds or 
stocks of whatsoever kind, whether issued by incorporated or 
unincorporated companies, towns, townships, cities, count- 
ies, states or other corporations, held or controlled by per- 
sons residing in this state, whether for themselves or as 
guardians, trustees or agents, on which the holder or owner 
thereof is receiving or is entitled to receive interest for 
themselves or others. The terms "capital stock" and 
" shares of capital stock," wherever used in this chapter, 
shall be held to mean and include the capital stock of every 
association, corporation, joint stock or other company, the 
stock or capital of which is or may be divided into shares 
which are transferable by the owner, for the taxation of the 
capital stock of which association, corporation, joint stock 
or other company, no special provision is made by this 
chapter, held by persons residing in this state, either for 
themselves or as guardians, executors, administrators, 
trustees or agents. The term "personal property," 
wherever used in this chapter, shall be held to mean and in- 
clude bonds, stocks, moneys, credits, the capital stock, un^ 
divided profits, and all other means not forming part of the 
capital stock of every company, whether incorporated or 
unincorporated, and every share, pbrtion or interest in 
such stock, profits or means by whatsoever name they mav 
be designated; every share or portion, right or interest, 
either legal or equitable, in and to every ship, vessel or 
boat, of whatsoever name or description, whether such 
ship, vessel or boat shall be within the jurisdiction of 
this state or elsewhere, and whether the same shall 
have been enrolled, registered or licensed at any col- 
lector's office, or within any county or collector's dis- 
10 



f 

146 ACTS SUBSEQUENT TO REVISED STATUTES. 

trict in this state or not; the stock of nurseries, grow- 
ing on leased lands or in the hands of nurserymen, which 
has been separated from the soil where growing, and every 
tangible thing being subject of ownership, whether animate 
or inanimate, and not forming part or any parcel of real 
property as hereinbefore defined. The term " money" or 
" moneys," wherever used in this chapter, shall be held to 
mean gold, silver, or other coin and paper or other cur- 
rency used in barter and trade as money. The term 
" credits," wherever used in this chapter, shall be held to 
mean and include every deposit which the person owning, 
holding in trust, or having the beneficial interest therein, is 
entitled to withdraw in money on demand, and every claim 
or demand for money, interest, or other valuable thing due 
or to become due, or every annuity or sum of money re- 
ceivable at stated periods, including pay and salaries ac- 
crued or due for any puri)Ose whatever, and all income or 
interest accruing from government bonds, and all money 
loaned or invested, and all indebtedness secured by deed, 
contract, mortgage or pledge of property of whatsoever 
kind : provided, that pensions due and to be received from 
the United States shall not be held to be annuities within 
the meaning of this chapter. The term " property," 
wherever used in this chapter, shall be held to mean and in- 
clude every tangible or intangible thing being the subject of 
ownership, whether animate or inanimate, real or personal. 
The term " oath," wherever used in this chapter shall be 
held to mean oath or affirmation. Every word in this chapter 
importing masculine gender may extend and be applied to 
females as well as males ; and the word " ]3erson," as used 
in this chapter, shall be held to mean and include person, 
firm, company, corporation or otherwise whenever the case 
may so require its use or application. 
Approved March 15, 1883. 



ACTS SUBSEQUENT TO REVISED STATUTES. 147 



RAILROADS, TAXATION OF. 

AN ACT to amend sections 6866, 6877, 6884 and 6889 of article 8 of 
chapter 145 of the Eevised Statutes, entitled "Assessment and Taxation 
of Railroads," by changing the time of assessment from August first to 
June first [Laws Mo. 1883, p. 152], contains the following : 

Be it enacted hy the General Assembly of the 8tate of 
Missouri, as follows: 

Sec. 3. That section 6884 of the Revised Statutes be and 
the same is hereby amended by striking out the word 
" August," in the sixth line thereof, and inserting the word 
"June" in place thereof, so that said section, when 
amended, shall read as follows : 

Sec. 6884. All taxes of whatever description, charged 
against any railroad company according to the provisions of 
this article, due to any county, and all taxes due the state 
and collectible in said county, and all taxes due cities, in- 
corporated towns, villages, municipal townships and school 
districts in such county, shall be due and payable to the 
county collector of such county on the first day of June of 
the year for which the same may be levied and charged 
as herein provided. 

Approved March 15, 1883. . 



DISQUALIFICATION OF JUROR AND VOTER. 

AN ACT to amend section 1378 of article 3, of chapter 24 of the 
Revised Statutes of Missouri, entitled " Of Offenses Against Public and 
Private Property." [Laws of Mo. 1883, p. 77.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

Section 1. That section 1378 of article 3 of chapter 24 
of the Revised Statutes of Missouri be and the same is 
hereby amended by adding to said section, in the seventh 
line thereof, the following words: "provided, that the 



148 ACTS SUBSEQUENT TO REVISED STATUTES. 

provisions of this section shall not apply to persons con- 
victed of petit larceny before a justice of the peace," so 
that said section, as amended, shall read as follows : 

Section 1378. Every person who shall be convicted of 
arson, burglary, robbery or. larceny, in any degree in this 
article specified, or who shall be sentenced to imprisonment 
in the penitentiary for any other crime punishable under 
the provisions of this article, shall be incompetent to serve 
as a juror in any cause, and shall be forever disqualified 
from voting at any election or holding any office of honor, 
trust or profit within this state : provided, that the provis- 
ions of this section shall not apply to persons convicted of 
petit larceny before a justice of the peace or court of crimi- 
nal correction, nor to any person who shall, at the time of 
his conviction of petit larceny, be under the age of twenty 
years. 

Approved March 15, 1883. 

TAXATION AND EQUALIZATION STATE BOARD. 

AN ACT to amend section 6667, article 1 of chapter 145 of the Re- 
vised Statutes of Missouri, entitled "Of the Assessment and Collection 
of the Revenue." [Laws Mo. 1883, p. 133.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows: 

[Section 1.] Amend section 6667, article 1 of chapter 
145 of the Revised Statutes by striking out in the second 
and third lines of said section the following words : " Dur- 
ing the session of the general assembly, which convenes," and 
by further amending said section by striking out in the third 
line thereof the figures " 1883," [1873] and by inserting 
in lieu thereof the words and figures: " on the last Wed- 
nesday in February, 1884," so that said section, when 
amended, shall read as follows : 

Section 6667. The board shall meet at the capitol, in the 
City of Jefferson, on the last Wednesday in February, 1884, 



ACTS SUBSEQUENT" TO REVISED STATUTES. 149 

and eveiy two years thereafter, the majority of whom shall 
constitute a quorum, and the members thereof shall each 
take an oath of affirmation that he will, to the best of his 
knowledge and ability, equalize the valuation of real and 
personal property among the several counties in the state, 
according to the rules prescribed by this chapter for equal- 
izing and valuing real property ; and the secretary of the 
board shall keep an accurate account of all their proceed- 
ings and orders and file the same, together with all their pa- 
pers, in the office of the state auditor. In order to avoid 
the expense of the state board of equalization for the pres- 
ent year, and the fact that there has been one collection 
made upon the assessment, creates an emergency within the 
meaning of the constitution ; this act shall, therefore, take 
effect and be in force from and after its passage. 
Approved March 16, 1883. 

COLORED SCHOOLS. 

AN ACT to amend section 7054 of the Revised Statutes of the state of 
Missouri in relation to colored schools. [Laws Mo. 1883, p. 188.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

[Section 1.] — That section 7054 of the Revised Statutes 
of the state of Missouri be and the same is hereby amended by 
striking out the words " state superintendent " between the 
words "of" and " to " in the first line of said section, and 
by inserting in lieu thereof the words "county courts," 
and by striking out the words "state superintendent," 
between the words "the" and " two," in the fourth 
and fifth lines, and by inserting in lieu thereof the words 
" county court," and by striking out the word " he," 
between the words " purpose "and " shall, "in the sixth 
line, and by inserting in lieu thereof the words " the court," 
so that said section, when amended, shall read as follows : 

Section 7054. Whenever the board of education of any 
city or village, or directors of any district, shall neglect or 



I 

150 ACTS SUBSEQUKNT TO RKA'ISED STATUTES. 

refuse to provide for ji school, jis contempljitod in tlic pre- 
eediiiii: sections, it shall he the duty of the county court to 
provide for such school upon satisfactory })roof of such 
neglect or refusal, and for that purpose the court shall be 
vested with all i)owers of said board in regard to such 
schools. 

Approved March 1(», 1883. 

See State Constitution 1875, Art. XI., sec. :?, on page 188 of this com- 
pilation. 

COLORED SCHOOLS. 

AN ACT entitled an act to anuMul section seven tliousand and lifty-two 
7051') of chapter one hundred and Jlfty (150), article one (1) of the Revised 
Statutes of Missouri, " Of Schools." [Laws Mo. 1883, p. 187.] 

Be it enacted by the General Assembli/ of the State of 
Mitisouri, ati foUoics: 

Section 1. — That section seven thousand and tiftj^-two 
( 7052 ), article one ( 1 ), chapter one hundred and Hfty ( 150 ) 
of the Revised Statutes be amended by striking out all of 
said section after the word " villages," in thetwentieth line 
of said section, and inserting in lieu thereof: "provided, 
that when the number of colored children in any district shall 
be less than sixteen, they shall have the privilege of attending 
school in any district in the township where a school is 
maintained for colored children, and the board of directors 
of the district in which such children are enumerated shall 
transfer to the credit of the teachers' fund of the district 
in which such children may have attended school, an 
amount equal to the pro rata expense of such attendance, 
the same to be prorated according to the amount paid for 
teachers' wages during such school term," so that said sec- 
tion, as amended, shall read as follows : 

Section 7052. Boards of education and the trustees and 
directors of schools, or other officers having authority in 
the premises, in each oitv, incorporated village or district, 



ACTS SUBSEQUENT TO REVISED STATUTES. 151 

shall be and they are hereby authorized and required to 
establish, within their respective jurisdictions, one or more 
separate schools for colored children when the whole num- 
ber, by enumeration, exceeds fifteen, so as to afford them 
the advantage and privilege of a common school education , 
and all such schools, so established for colored children, 
shall be under the control and management of the board 
of education or other school officers who have in charge the 
educational interest of the other schools. But in case the 
average number of colored children in attendance shall 
be less than ten for any one month, it shall be the duty of 
said board of education, or other school officers, to discon- 
tinue said school or schools for any period not exceeding 
six months at any one time ; and if the number of colored 
children shall be less than ten, the board of education shall 
reserve the money raised on the number of said colored 
children, and the money so reserved shall be appropriated as 
they may deem proper for the education of such colored 
children. In all other respects the terms and advantages 
of said schools shall be equal to others of the same grade 
in their respective districts, cities, and villages : provided, 
that when the number of colored children in any district 
shall be less than fifteen [sixteen], they shall have 
the privilege of attending school in any district in the 
township where a school is maintained for colored children, 
and the board of directors of the district in which such 
children are enumerated shall transfer to the credit of the 
teachers' fund of the district in which such children may 
have attended school, an amount equal to the pro rata 
expense of such attendance, the same to be prorated accord- 
ing to the amount paid for teachers' wages during such 
school term. 

Approved April 2, 1883. 



i 

152 ACTS SUBSEQUENT TO REVISED STATUTES. 



AGRICULTURAL AND HORTICULTURAL SOCIETIES. 

AN ACT to exempt certain property used exclusively for agricultural 
and horticultural societies from taxation. [Laws Mo. 1883, p. 140.] 

Be it enacted by the General Assembly of the State 
of Missouri, as follows: 

Section 1. The real estate and personal property which 
may be used exclusively for agricultural or horticultural 
societies heretofore organized, or which may be hereafter 
organized in this state, shall be exempted from taxation 
for state, county, city or other municipal purposes. 

Sec. 2 All acts and parts of acts inconsistent with this 
act are hereby repealed. 

Approved March 27, 1883. 



when a special ELECTION FOR DIRECTORS MAY BE CALLED. 

AN ACT to amend section 7030 of article 1, chapter 150 of the Ke- 
vised Statutes of the state of Missouri, entitled " Of Schools." [Laws 
Mo. 1883, p. 183.] 

Be it enacted by the General Assembly of the State of 
Missouri^ as follows: • 

[Section 1.] That section 7030 of article 1, chapter 
150 of the Revised Statutes of the state of Missouri, 
be and the same is hereby amended as follows : By striking 
out the word " circuit," in the fourth line of said section, 
and inserting in lieu thereof the word "county," and by 
striking out the words " in the locality where," in the 
same line of said section, and inserting in lieu thereof the 
words "of the county wherein," so that said section, as 
amended, shall read as follows : 

Section 7030, Whenever any election for school directors 
has failed to be called or opened by reason of the neglect 
of the officers authorized by law to call, open and conduct 



ACTS SUBSEQUENT TO REVISED STATUTES, 153 

such elections, the county court of the county wherein such 
election is to be held shall be authorized, upon the petition 
of five citizens of such locality, to order an election for 
such school directors, and shall appoint the judges of elec- 
tion, and the judges of such election shall certify the re- 
turns of such election to said court, and the court shall 
issue to the persons elected a certificate of election for the 
term for which said oflicers shoukl have been elected if 
such election had taken place at the time provided by 
law. 

Approved April 2, 1883. 

The Act which the above Act amends was approved April 21, 1 
[Laws Mo. 1877, p. 404.] The origiual Act was passed at the suggestion 
of the St. Louis School Board. See report of the Legislative Committee, 
II. Off. Proc. 207, and "Qualification of New Members," II. Off. 
Proc. 259. 



APPORTIONMENT OF PUBLIC SCHOOL FUNDS. 

AN ACT to amend sections 7122 and 7123, article 1, chapter 150 of the 
Revised Statutes of the State of Missouri, "of schools." [Laws Mo. 1885, 
p. 244.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows: 

Section. 1. That section 7122, article 1, chapter 150 of 
the Revised Statutes of the state of Missouri, be amended by 
striking out the word " March," in the second line of said 
section, and inserting in lieu thereof the word *' July," 
and by striking out the words " and immediately after their 
annual settlement with the county treasurers of their re- 
spective counties," in the eighth and ninth lines, between 
the words " annually " and " according," of said section, 
and inserting in lieu thereof the words " during the month 
of August," and by striking out the words '' for which dis- 
tribution is made," in the twenty-eighth and twenty-ninth 
lines, between the words "year" and "shall," of said 
section, and inserting in lieu thereof the words " ending the 



154 ACTS SUBSEQUENT TO REVISED STATUTES. 

thirtieth day of June, previous to said distribution," so that 
said section, when amended, shall read as follows: 

Section 7122. The state superintendent of public schools 
shall, annually, in the month of July, apportion the public 
school fund applied for the benefit of the public schools 
among the different counties, upon the enumeration and re- 
turns made to his office, and shall certify the amount so 
apportioned to the state auditor, also to the county clerk of 
each county, stating from what sources the same is derived, 
which said sum the several county treasurers shall retain in 
their respective county treasuries, from the state fund ; and 
the county clerks shall, annually, during the month of Aug- 
ust, according to the enumeration and returns in their of- 
fices, proceed to apportion the school funds for their 
respective counties ; and no district, city or town, which 
shall have failed to make and return such enumeration, shall 
be entitled to receive any portion of the public school funds ; 
and in making such distribution, each county clerk shall 
apportion all moneys collected on the tax duplicate of any 
district for the use of schools to such district, all moneys 
received from the state treasurer, and all moneys on account 
of interest of the funds accruing from the sale of section 
sixteen, or other lands in lieu thereof, to the district schools 
in the congressional townships and parts of congressional 
townships to which such land belonged, and all other 
moneys for the use of schools in the county, and not other- 
wise appropriated by law, to the proper district ; and he 
shall, immediately after making such apportionment, enter 
the same into a book to be kept for that purpose, and shall 
furnish the district clerks, and those of cities or villages, as 
the case may be, each with a copy of said apportionment, 
and order the county treasurer to place such amount to the 
credit of the district, city or town entitled to receive the 
same: provided, further, that no district, city or town, that 
shall have f^^iled to afford the children thereof the privileges 



ACTS SUBSEQUENT TO REVISED STATUTES. 155 

of a free school for at least three months during the year 
ending the thirtieth day of June, previous to said distribu- 
tion, shall be entitled to any portion of the public school 
fund for that year. 

Sec. 2. Also amend section 7123 of the Revised Statutes, 
by striking out the word "first," in the second line, be- 
tween the words " its " and "term," of said section, and 
inserting in lieu thereof the word "August," so that said 
section, when amended, shall read as follows : 

Section 7123. The county court of each county shall, at 
its August term in every year, apportion the county public 
school moneys among the several districts in the county, 
according to the enumeration of the pupils resident there- 
in. 

Approved March 4, 1885. 



CONSTRUCTION OF LAWS. 

AN ACT to amend an act entitled "an act to amend section 3126 of 
article 2 of chapter 46 of the Revised Statutes of Missouri of 1879, entitled 
*of laws,' " approved March 15, 1883. [Laws Mo. 1885, p. 190.] 

Be it enacted by the General Assembly of the State of 
Missouri^ as follows : 

Section 1. That section 1 of an act of the general as- 
sembly of the state of Missouri, approved March 15, 1883, 
entitled " an act to amend section 3126 of article 2 of chap- 
ter 46 of the Revised Statutes of Missouri of 1879, entitled 
' of laws,' " be and the same is hereby amended by insert- 
ing between the words " vacation " and " the," in the line 
next preceding the last line of said section, the words " or 
whenever any act is authorized to be done by, or any power 
given to, a clerk of any court in vacation," so that said 
section, when amended, shall read as follows : Section 
l.That section 3126 of article 2 of chapter 46 of the 
Revised Statutes of Missouri of 1879, be and the same 
is hereby amended by adding at the end of said section 



156 ACTS SUBSEQUENT TO REVISED STATUTES. 

the words " twenty second, whenever any act is author- 
ized to be done by, or any power given to, a court or a 
judge thereof in vacation, the words 'in vacation,' shall 
be construed to include any adjournment of court for more 
than one day," so that the section, when amended, shall 
read as follows : 

Section 3126. The construction of all statutes of this 
state shall be by the following additional rules, unless such 
construction be plainly repugnant to the intent of the legis- 
lature, or of the context of the same statute : First, words 
and phrases shall be taken in their plain or ordinary and 
usual sense, but technical words and phrases having a 
peculiar and appropriate meaning ,in law, shall be under- 
stood according to their technical import; second, words 
importing joint authority to three or more persons shall be 
construed as authority to a majority of such persons, unless 
otherwise declared in the law giving such authority; third, 
the word " month " shall mean a calendar month, and the 
word "year " shall mean a calendar year, unless otherwise 
expressed, and the word year be equivalent to the words 
" year of our Lord ; " fourth, the time within which an act is 
to be done shall be computed by excluding the tirst day and 
including the last, if the last day be Sunday it shall be- ex- 
cluded; fifth, the word "state" applied to any of the 
United States, shall include the District of Columbia and 
the territories, and the words " United States " shall in- 
clude the said district and territories ; sixth, the word 
"will" shall include the words "testament" and "cod- 
icil;" seventh, the words "written" and "in writing," 
and " writing word for word," shall include printing, litho- 
graphing or other mode of representing words and letters, 
but in all cases where the written signature of any person 
is required, the proper handwriting of such person, or his 
mark, shall be intended; eighth, when a statute requires 
an act to be done, which, by law, an agent or deputy as well 



ACTS SUBSEQUENT TO REVISED STATUTES. 157 

may do a,s the principal, such requisition shall be satisfied 
by the performance of such act by an authorized agent or 
deputy ; ninth, the terms " real property," or " premises," 
or "real estate" or "lands," shall be deemed to be co- 
extensive with lands, tenements and hereditaments; tenth, 
the words " personal property," shall include money, 
goods, chattels, things in action and evidences of debt; 
eleventh, the word " property " shall include real and per- 
sonal property; twelfth, when the word *' town " is used in 
the act concerning the incorporation of towns and villages, 
it shall be construed to include village, and in relation 
to forming incorporations under said act, it shall be con- 
strued to mean village only; thirteenth, the term " execu- 
tor" may include administrator, where the subject matter 
applies to an administrator; fourteenth, the Roman nu- 
merals and Arabic figures are to be taken as a part of the 
English language; fifteenth, the phrase, "under legal 
disability" includes married women, persons within the age 
of minority, or of unsound mind or imprisoned; sixteenth, 
the term " general election " refers to the election required 
to be held on the Tuesday succeeding the first Monday of 
November, biennially; seventeenth, the place where the 
family of any person shall permanently reside in this state, 
and the place where any person having no family shall gen- 
erally lodge, shall be deemed the place of residence of such 
person or persons respectively ; eighteenth, whenever, un- 
der the provisions of any law which shall be applicable to 
the city of St. Louis, as to the counties of this state, 
any act or duty shall be authorized or required to be 
performed by the clerk of the county court, such act or 
duty shall be performed by the register of the said city of 
St. Louis, and the term " county clerk " shall be construed 
to include the register of the city of St. Louis, so far as 
the same relates to any act or duty required to be per- 
formed in said city, similar in character to that required by 



I 

158 ACTS SUBSEQUENT TO REVISED STATUTES. 

such county clerk in the respective counties of this state ; 
nineteenth, whenever the word " county " is used in any 
law, general in its character to the whole state, the same 
shall be construed to include the city of St. Louis, unless 
such construction be inconsistent with tbe evident intent of 
such law, or of some law specially applicable to such city; 
twentieth, wherever the term " justice of the county 
court " shall appear in any statute, it shall be construed 
to mean judge of such court, and when the term " county 
or circuit attorney" shall be used in any law it shall be 
construed to mean prosecuting attorney, except when ap- 
plied to the circuit attorney of the city of St. Louis ; 
twenty-first, whenever any duty prescribed by the provis- 
ions of any law of this state in relation to probate matters 
is required to be performed by the county court, the 
same shall be taken and construed to be required to be 
performed by the probate court ; twenty-second, whenever 
any act is authorized to be done by, or any power given to, 
a court or judge thereof in vacation, or whenever any act 
is authorized to be done by, or any power given to, a clerk 
of any court in vacation, the words " in vacation" shall 
be construed to include any adjournment of court for more 
than one day. • 

Approved March 7, 1885. 

ASSESSMENT AND TAXATION OF RAILROADS FOR SCHOOL AND 
OTHER PURPOSES. 

AN ACT to amend section 6879 and to repeal section GSgO, and enact a 
new section in lieu thereof, and to amend sections 6881, 6882, 6885 and 
6886, all of article 8 of chapter 145 of the Revised Statutes of Missouri of 
1879, entitled "of assessment and taxation of railroads;" also enact a 
new section numbered 6886a; also an emergency clause. [Laws Mo. 
1885, p. 229.] 

Be it enacted by the General Assembly of the State of 
Missouri, as follows : 

Section 1. Amend section 6879, Revised Statutes of Mis- 



ACTS SUBSEQUENT TO REVISED STATUTES. 159 

souri, by inserting the words, " and for the erection of pub- 
lic buildings, and for other purposes," between the word 
" purposes," and the word " on," in the eighth line of said 
section ; also by inserting the words, " and for the erection 
of public buildings, and for other purposes," between the 
word " purposes," and the word " shall," in the tenth line 
of said section ; also by inserting the words, " and for the 
erection of public buildings, and for other purposes," be- 
tween the word " purposes " and the word " on," in the 
nineteenth line of vsaid section, so that said section, as 
amended, shall read as follows : 

Section 6879. The county court, upon the receipt 
from the auditor of the certificate of the action of said 
board of assessment and equalization, the returns of the 
county assessor and the certificate of cities, towns and 
villages made under the preceding section, shall at the 
regular term of said court, if in session at the time, if not, 
at a special term of said court called for that purpose, as- 
certain and levy the taxes for state, county, municipal 
township, city, incorporated town and village and school 
purposes, and for the erection of public buildings, and for 
other purposes, on the railroad, and the property thereof 
in such county, municipal township, city and incorporated 
town or village, at the same rate as may be levied on other 
property, except that the rate for school purposes and for 
the erection of public buildings, and for other purposes, 
shall be ascertained as prfescribed in the next succeeding 
section, and shall make an entry thereof on the records of 
said court, and in case the county court has failed or omitted, 
or may hereafter fail or omit, from any cause whatever, to 
levy the taxes, or any portion of the taxes, for any year 
or years, or in case the taxes, or any portion of the 
taxes for any year or years shall have been illegally 
or erroneously levied, then said court at the time of making 
the regular levy upon railroad property as herein provided, 
shall, in addition thereto, ascertain and levy the taxes for 



160 ACTS SUBSEQUENT TO REVISED STATUTES. 

state, county, municipal township, city, incorporated town 
or village and school purposes, and for the erection of pub- 
lic buildings, and for other purposes, on the railroad and 
the property thereof in such county, municipal township, 
city and incorporated town and village, which may have 
been or may hereafter be omitted or illegally or erroneously 
levied upon the valuation of the railroad and the property 
thereof, as returned by the state board of equalization for 
such year or years at the same rates that were levied upon 
other property for the year or years for which said taxes 
were omitted or illegally or erroneously levied : provided, 
that in no case shall the levy exceed the constitutional limit, 
and which taxes, when so levied, shall become due and 
payable, delinquent and subject to penalty as other railroad 
taxes now are and shall be recoverable as hereafter pro- 
vided. 

Sec. 2. Repeal section 6880, as amended by act approved 
March 29th, 1883, and enact the following new section in 
lieu thereof: 

Section 6880. For the purpose of levying school taxes, 
and taxes for the erection of public buildings, and for other 
purposes, in the several counties of this state, on the road 
bed, rolling stock and movable property of railroads in this 
state, the several county courts shall ascertain from the 
returns in the office of the county^clerk the average rate of 
taxation levied for school purposes, and also the average 
rate of taxation levied for the erection of public buildings, 
and for other purposes, each separately by the several 
local school boards or authorities of the several school dis- 
tricts throughout the county. Such average rate for school 
purposes shall be ascertained by adding together the local 
rates of the several school districts in the county, and by 
dividing the sum thus obtained by the whole number of 
districts levying a tax for school purposes, and shall cause 



ACTS SUBSEQUENT TO REVISED STATUTES. 161 

to be charged to said railroad companies taxes for school 
purposes at said average rate on the proportionate value 
of said railroad property so certified to the county court by 
the state auditor, under the provisions of this article, and 
said clerk shall apportion the said taxes for school purposes, 
so levied and collected, among all the school districts in 
his county, in proportion to the enumeration returns of 
said districts. Such average rate levied for the erection 
of public buildings, and for other purposes, shall be as- 
certained, each separately, by adding together the local 
rates of the several districts in the county levying a 
tax for the erection of public buildings, or for other pur- 
poses, and by dividing the sum thus obtained in each case 
by the whole number of districts in such county, and the 
clerk shall cause to be charged to said railroad companies, 
taxes for the erection of public buildings or for other pur- 
poses, at said average rate on the proportionate value of 
said railroad property so certified to the county court by 
the state auditor, under the provisions of this article, and 
the county court shall apportion the said taxes for the 
erection of public buildings, or for other purposes so 
levied and collected among the several school districts 
levying such taxes, in proportion to the amount of such 
taxes so levied in each of said districts: provided, that 
in cases where townships, cities or towns have made 
a valid subscription to such railroad, for the purposes 
of aiding in the construction of the same, and shall 
have legally issued their bonds or paid subscription 
thereto, and the county in which such townships, cities or 
towns are situated, shall not have subscribed any stock or 
legally issued any bonds to aid in the construction or equip- 
ments of such road, the payment of which is secured by a 
tax upon all the taxable property of the county, then, and 
in all such cases, the school taxes and taxes for the erection 
11 



162 ACTS SUBSEQUENT TO REVISED STATUTES. 

of public buildings, and for other purposes, arising from 
assessments on said railroad property in such citj, town 
or township as above specified, shall be distributed to 
the school districts in such township, city or town, in 
the proportion that the number of children of school 
age in such district bears to the number of school chil- 
dren in such township, city or town, and in cases where 
such county also shall have made a valid subscription, or 
legally issued its bonds to aid in the construction of such 
railroads, then the school taxes and taxes for the erection 
of pubHc buildings, and for other purposes thereon, shall 
be distributed to the several school districts of such county, 
township, city or town so subscribing or issuing bonds in 
proportion to the amount of their several subscriptions : 
and provided further, that all lands, workshops and ware- 
houses, and other buildings and personal property belong- 
ing to such railroad company lying in any school district, 
shall be taxed at the same rate as other property in such 
district, and the school taxes, and taxes for the erection of 
public buildings, and for other purposes, thereon, shall go 
to the district in which such lands, depots, workshops or 
buildings are situated. 

Sec. 3. Amend section 6881 by striking out the words 
" and other taxes," where the same occur between the word 
''school," in the eighth line, and the word "levied," in 
the ninth line of said section, and inserting the woi'ds 
"taxes, and taxes for the erection of public buildings, 
and for other purposes;" also by striking out the 
words "and other taxes," where the same occur be- 
tween the word "school," in the fourteenth line, and the 
word " levied," in the fifteenth line, and inserting the words 
"taxes, and taxes for the erection of public buildings, and 
for other purposes ;" also by striking out the words "and 
other municipal taxes," where the same occur in the fifteenth 
and sixteenth lines, and inserting the words "taxes, and 



ACTS SUBSEQUENT TO REVISED STATUTES. 163 

taxes for the erection of public buildings, and for other 
purposes," so that said section, as amended, shall read as 
follows : 

Section 6881. Within ten days after the county court 
shall have levied the taxes on railroad property, as pre- 
scribed in the two preceding sections, the county clerk of 
such county shall extend the same on a separate tax-book, 
to be known as the railroad tax-book, in which he shall 
place : first, the total valuation of the road bed and rolling 
stock of each railroad company, as equalized and appor- 
tioned to such county by the state board of assessment and 
equalization, with the amount of state, county, municipal 
township, city, town or village school taxes, and taxes for 
the erection of public buildings, and for other purposes, 
levied thereon by the county court stated separately ; sec- 
ond, a description of each tract of land, town lot, or other 
real estate, including the machine and work-shops and other 
buildings in numerical order, and personal property, as re- 
turned by local assessors, and the amount of state, county, 
municipal, city, town or village school taxes, and taxes for 
the erection of public buildings, and for other purposes, 
levied thereon, stating each separately, and crediting school 
taxes and taxes for the erection of public buildings, and for 
other purposes, to the proper district or municipality. 

Sec. 4. Amend section 6882 by inserting the words "and 
taxes for the erection of public buildings, and for other pur- 
poses," between the word " taxes," in the eighth line, and 
the word " levied," in the ninth line of said section ; also 
strike out the words " and other taxes," in the last line of 
said section, and insert the words " taxes, and taxes for 
the erection of public buildings, and for other purposes," 
so that said section, as amended, shall read as follows: 

Section 6882. It shall be the duty of the county clerk, as 
soon as said tax book is completed, to make out and cer- 



164 ACTS SUBSEQUENT TO REVISED STATUTES. 

tify to the secretary or chief managing officer, in this state, 
of the proper railroad company, a statement of taxes levied 
on the property of such railroad company in his county, 
which statement shall contain : first, the total valuation of 
road-bed and rolling stock as the same was equalized and 
apportioned to such county, and the amount of state, 
county, city, town or village, municipal township and 
school taxes, and taxes for the erection of public buildings, 
and for other purposes, levied thereon ; second, the total 
valuation, as shown by the returns of local assessors, of all 
property in such county belonging to such railroad com- 
pany, whether real, personal or mixed, including lands, 
warehouses, shops and other buildings, and the amount of 
state, county, city, town, village, school taxes, and taxes for 
the erection of public buildings, and for other purposes, 
levied thereon. 

Sec. 5. Amend section 6885 by striking out the words 
" and other municipal taxes," where they occur between the 
word " school " and the word " levied," in the fourth line 
of said section, and insert the words " taxes, and taxes 
for the erection of public buildings, and for other pur- 
poses," so that said section as amended, shall read as fol- 
lows : 

Section 6884. All property owned or held by any 
railroad company in any county in this state shall be 
liable for the taxes assessed and levied against such 
company in such county, and all state, county, city, 
town, village, school taxes, and taxes for the erection 
of public buildings, and for other purposes, levied on the 
property of any railroad company in such county, together 
with all dues, penalties and costs accruing thereon, are 
hereby declared a prior lien in favor of the state on all 
the property of such company, real, personal, or mixed, 
including road-bed and rolling stock, lands, depots and 



ACTS SUBSEQUENT TO REVISED STATUTES. 165 

other buildings in such county ; and the fact that taxes as- 
sessed against any specific property of such company shall 
have been paid shall not exempt such property from being 
subjected to the payment of any and all other taxes due by 
such company, and the same are hereby declared to be a 
prior lien upon all such property, real and personal, which 
lien shall have precedence of all other liens, judgments and 
decrees of whatever kind, and shall be enforced as herein- 
after provided. 

Sec. 6. Amend section 6886 by striking out the words 
" or other municipal," where they occur in the third line 
of said section, and by inserting the words " or for the 
erection of public buildings, and for other," so that said 
section, as amended, shall read as follows : 

Section 6886. If any railroad company shall fail 
to pay to the county collector of the proper county any 
taxes levied for state, county, city, town, village, school, 
or for the erection of public buildings, and for other pur- 
poses, on the property of such railroad company in said 
county, on or before the first day of January next after the 
same shall have been assessed and levied, the same shall 
then be, on and after that date, known and treated as 
delinquent railroad taxes : and the said company shall 
forfeit and pay, in addition to the taxes with which said 
company may stand charged on the tax books of such 
county, such penalty as is provided by law for the non- 
payment of other delinquent taxes, which penalty shall be 
apportioned to the various funds respectively ; and it shall 
be the duty of the collector to collect and account for, as 
other taxes, in addition to all taxes so charged against said 
company, the penalty aforesaid, in [on] all such taxes 
after the first day of January, till the same shall be paid. 

Sec. 6886a. Whenever and wherever the words, " and for 
other purposes," occur in this act, they shall be held to mean 



I 

166 ACTS SUBSKQUENT TO REVISED STATUTES. 

taxes or taxation for other purposes, and shall be construed 
to include all taxes, estimates for which shall have been 
made orthe levy of which shall have been lawfully directed 
by any school meeting, school officer or school board, other 
than taxes for school purposes and taxes for the erection of 
public buildings herein provided for. 

Sec. 7. Inasmuch as taxes may be levied at the annual 
meetings in April, an emergency arises under the constitu- 
tion ; therefore-, this act shall take effect from and after its 
passage. 

Approved March 17, 1885. 

Railroads, Taxation of — Constitutionality of Act 1873. — It is within 
the power of the legislature to authorize the imposition of taxes for school 
purposes on the property of railroad companies; and in levying taxes for 
such purposes on railroad property in the several counties, on the road- 
bed, rolling stock and movable property, courts shall ascertain the 
average rate of taxation from the several local school boards or authori- 
ties of the several districts throughout the county. Such average rate 
shall be ascertained by adding together the local rates of the several 
districts, and dividing the sum by the number of districts. 

Section 12 of the act of 1878 [Laws Mo. 1873, p. 65], which corresponds 
to section 6880 Rev. Stat. 1879, providing for the mode of taxation of rail- 
road property for school purposes, is not in violation of section 11, article 
10, of the State constitution, which provides that " for school purposes the 
annual rate on property shall not exceed forty cents on the $100 valua- 
tion;" it would only be violative of such section in the event of the 
average rate exceeding this limit; nor is it in violation of the Fourteenth 
Amendment of the Federal constitution, which provides, among other 
things, as follows: "Nor shall any State deprive any person of life, 
liberty or property without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the laws." Nor was such 
section repealed by the act of March 15, 1875 (Laws Mo. 1875, p. 119), 
[approving In re Apportionment Railroad School Tax, etc., 78 Mo. 596]. 
State ex reZ. v. Missouri Pacific R. Co., 5 West. Rep. 347. 

Distribution of Railroad Taxes — The road-bed of a railroad is chiefly 
valuable as an entirety, and its subdivisions within the limits of a county, 
or a school district, are not to be treated as local property under the acts 
of 1875 for the assessment and distribution of railroad taxes [Acts 1875, 
p. 121, § 8; p. 129, § 12]. The school taxes on such road-bed are properly 
distributed to the school districts therein in proportion that the number of 
school children in each district bears to the whole number in the county; 



ACTS SUBSEQUENT TO REVISED STATUTES. 167 

and the act of 1885 providing for such distribution is not unconstitutional, 
as giving a portion of the taxes levied upon property in one district to 
another. (Wells v. City of Weston, 22 Mo. 337 distinguished. Approv- 
ing State V. Severance, 55 Mo. 388, and Washington Co. v. R. R. Co., 58 
Mo. 376). In re, etc.. Railroad School Tax, etc., 78 Mo. 596. 

Section 6880, Rev. Stat. 1879 — School taxes under section 6880 of 
the Revised Statutes of 1879 [since repealed, see page 158 of this compila- 
tion] cannot be levied on railroad property for building houses or paying 
past indebtedness. Such levy can be made only for school purposes 
proper. State ex rel. Brown v. Wabash, etc., R. Co., 83 Mo. 395. 

Act of 1877 — Under the Act of 1877 (Laws Mo. 1877, p. 365, § 1; p. 
129, § 1 amended) the fund arising from the taxation of railroads goes 
exclusively to the school districts in the townships only when such town- 
ships have made valid subscriptions to the railroads. When no such 
subscriptions have been made by the townships, the fund is distributed 
ratably among all the districts of the county, except that the taxes aris- 
ing from land, depots, workshops and other buildings, belonging to the 
railroads, shall go to the districts in which such property is situated. 
School District No. 1 v. Rhoads, 81 Mo. 473. 

LIMIT OF TAXATION FOR SCHOOL PURPOSES. 

AN ACT to repeal section 7125, article 1, chapter 150 of the Revised 
Statutes of Missouri, 1879, entitled "of schools," and to insert in lieu 
thereof a new section. [Laws Mo. 1885, p. 245.] 

Be it enacted by the General Assembly of tJie State of 
Missouri, asfolloius: 

Section 1. That section 7125, article 1, chapter 150 of 
the Revised Statutes of Missouri, 1879, entitled " of 
schools," be and the same is hereby repealed and the fol- 
lowing new section enacted in lieu thereof : 

Section 7125. On the receipt of the estimates of the vari- 
ous districts, the county clerk shall proceed to assess the 
amount so returned on all taxable property, real and per- 
sonal, in said districts, as shown by the last annual assess- 
ment for state and county purposes, including all state- 
ments of merchants in each district, of the amount of 
goods, wares and merchandise owned by them and taxable 
for state and county purposes : provided, that the levy thus 
extended shall not exceed in any one year as follows: For 



168 ACTS SUBSEQUENT TO REAISED STATUTES. 

building purposes, one per oeiitum in districts formed of 
cities, towns and villages, and not more than sixty-five cents 
on the one hundred dollars in other districts ; for school 
purposes, one per centum in districts formed of cities, 
towns and villages, and not more than sixty-five cents on 
the one hundred dollars in other districts ; for sinking fund, 
fortv cents on the one hundred dollars' valuation, and a 
sufScient amount to pay interest on bonded indebtedness, 
all of which shall be placed by the county clerk in a 
separate tax book, to be known as the " school tax book," 
which shall be subdivided corresponding to the districts in 
the county, and numbered accordingly ; and he shall place 
in the proper subdivisions: First, a list of the names, al- 
phabeticalU'^ arranged of all persons owning any personal 
property in the district, total value thereof, and the amount 
of school tax assessed thereon ; second, a list of all the lands 
and town lots, numerically arranged, with owners' names, 
if known, the total valuation of each tract or town lot, and 
the tax assessed thereon ; and the county clerk shalUistthe 
names of all persons owning any personal property, who do 
not reside in any school district, and the value thereof; 
also list all the land and town lots in any territory not or- 
ganized into a school district, and shall levy a tax of forty 
cents on the one hundred dollars' valuation on all such tax- 
able property, said taxes to be collected as other taxes and 
distributed as provided in section 7122. 
Approved March 18, 1885. 

WEAPONS IN SCHOOL ROOM. 

AN ACT to amend an act entitled "an act to amend section 1274:, arti- 
cle 2, chapter 24 of the Revised Statutes of Missouri, 'entitled 'of crimes 
and criminal procedure,' " approved March 5th, 1883, relating to carry- 
ing concealed weapons. [Laws Mo. 1885, p. 139.] 

Be it enacted by the General Assembly of the State 
of Missouri, as follows: 

Section 1. That section 1 of an act entitled " an act to 



ACTS SUBSEQUENT TO REVISED STATUTES. 169 

amend section 1274, article 2, chapter 24 of tlie Revised 
Statutes of Missouri, entitled ' of crimes and criminal pro- 
cedure,' " approved March 5th, 1883, is hereby amended by 
striking out the word " twenty-five," in the 22d line of said 
section, and inserting in lieu thereof the word " fifty," and 
by striking out the word " exceeding," in the 23d line of 
said section, and inserting in lieu thereof, the words " less 
than five days nor more than," so that said section, as 
amended, shall read as follows: 

Section 1274. If any person shall carry concealed, upon 
or about his person, any deadly or dangerous weapon, or 
shall go into any church or place where people have as- 
sembled for religious worship, or into any school room or 
place where people are assembled for educational, literary 
or social purposes, or to any election precinct on any elec- 
tion day, or into any court room during the sitting of 
court, or into any other public assemblage of persons met 
for any lawful purpose other than for militia drill, or meet- 
ings called under the militia law of this state, having upon 
or about his person, any kind of fire-arms, bowie-knife, 
dirk, dagger, slung shot or other deadly weapon, or shall, 
in the presence of one or more persons, exhibit any such 
weapon in a rude, angry or threatening manner, or shall 
have or carry any such weapon upon or about his person 
when intoxicated or under the influence of intoxicating 
drinks, or shall, directly or indirectly, sell or deliver, loan 
or barter to any minor any such weapon, without the con- 
sent of the parent or guardian of such minor, he shall, upon 
conviction, be punished by a fine of not less than fifty nor 
more than two hundred dollars, or by imprisonment 
in the countj'^ jail not less than five days nor more 
than six months, or by both such fine and imprison- 
ment. 

Approved March 20, 1885. 



170 ACTS SUBSEQUENT TO REVISED STATUTES. 



ASSIGXATION AND BAWDY HOUSES. 

AN ACT to prevent the setting up or maintaining of a common assigna- 
tion house or common bawdy house within one hundred yards of any 
building ordinarily used as a church, public school, public library, theater, 
city hall or court house, and to prevent the leasing or renting of any 
building, or part of a building within the limits aforesaid, to be used for 
such immoral purposes, and to prevent the keepers or persons in charge 
of such houses from deceiving decent persons by the display of signs of 
any honest business or occupation. [Laws Mo. 1885, p. liT.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows: 

Section 1. Mamtaining" bawdy or assignation house 
within one hundred yards of a public school, etc., a felony 
— Punishment — Every person who shall set up or maintain 
a common assignation house or a common bawdy house 
within one hundred yards of any building ordinarily used 
as a church, public school, public library, theater, city hall 
or court house, shall, upon conviction, be adjudged guilty 
of felony, and punished by imprisonment in the peniten- 
tiary for a term not less than two years nor more than ten 
years. 

Sec. 2. Leasing same for that purpose a felony — 
When no indictment shall be found — Every person who 
shall knowing lease or rent to another any house or building, 
or any part thereof, for either of the unlawful uses described 
in theforegoing section numbered one, shall, upon conviction, 
be adjudged guilty of a felony and punished by imprisonment 
in the penitentiary for a term not less than two years nor 
more than ten years ; but if it shall moreover appear that 
the person renting or leasing such house or building, orany 
part thereof, made to and with such lessee a written lease of 
such premises, to be used for any lawful purpose therein 
specified, and that whenever such lease comprised an entire 
house or building, that the said lease has been duly ac- 



ACTS SUBSEQUENT TO REVISED STATUTES. 171 

knowledged by the respective parties, and within ten days 
of such acknowledgment filed for record in the office of the 
recorder of deeds for the city or county wherein such prem- 
ises were situate, no indictment shall be found nor any con- 
viction had as against such person leasing or renting such 
premises, except upon the testimony of two credible wit- 
nesses. 

Sec. 3. Obtaining lease under false pretenses a fel- 
ony — Every person who shall, by written lease, duly ac- 
knowledged by the respective parties before some officer 
authorized to take the acknowledgment of deeds, obtain 
possession of any house or building, or any part therof, 

upon the pretext that the same is to be used for any lawful 
purpose, and shall thereafter use the same for either of the 
purposes described in the aforesaid section numbered one, 
shall, upon conviction, be adjudged guilty of a felony and 
punished by imprisonment in the penitentiary for a term 
not less than two years nor more than ten years. 

Sec. 4. Displaying sign to inveigle decent persons 
in such house a felony — Every keeper or person in 
charge of any house or building at such time ordinarily used 
as a common assignation house or common bawdy house, 
who shall expose or display or cause to be exposed or 
displayed, or knowingly permit to be exposed or dis- 
played upon any outer wall, window, door or other exterior 
part of such house or building, any painted, printed or 
written announcement or sign of any honest occupation or 
business, whereby any decent person may be deceived or 
inveigled into such infamous house or building, shall, upon 
conviction, be adjudged guilty of a felony and punished by 
imprisonment in the penitentiary for a term of not less than 
two years nor more than ten years. 
Approved March 28, 1885. 



172 ACTS SUBSEQUENT TO REVISED STATUTES. 



SCHOOL TIME. 

AN ACT to repeal an act entitled " an act to amend sectioas 7029 and 
7064 of article 1, chapter 150 of the Revised Statutes of Missouri, relat- 
ing to schools," approved March 29, 1883, and to enact two new sections 
in lieu thereof [Laws Mo. 1885, p. 238], provides that the latter section 
shall be as follows : 

Section 7064. The school day shall consist of six hours 
occupied in school; the school week shall consist of five days, 
thanksgiving day, 22d day of February and 4th of July and 
25th day of December and 1st day of January excepted ; 
the school month shall consist of four weeks ; and the school 
year shall commence on the first day of July and end on 
the thirtieth day of June following. 

Approved March 31, 1885. 



ADMISSION OF NON-RESIDENT PUPILS. 

AN ACT entitled an act to amend section 7045 of chapter 150, article 1 
of the Revised Statutes of Missouri, entitled " of schools." [Laws Mo. 
1885. p. 239.] 

Be it enacted hy the General Assembly of the State of 
Missouri, as follows : 

Section 1. That section 7045 of the Revised Statutes of 
the state of Missouri, be and the same is hereby amended 
by adding thereto the following: " and be it further pro- 
vided, that orphan children, or any children bound as 
apprentices, shall have the privilege of attending school in 
any district in the state of Missouri in which they may 
find a permanent or temporary home, without paying a 
tuition fee," so that said section, when amended, shall read 
as follows : 

Section 7045. [Rules and regulations, and admission of 
non-resident pupils.] — The board shall have power to 
make all needful rules and regulations for the organization. 



ACTS SUBSEQUENT TO REVISED STATUTES. 173 

grading and government in their school district; said 
rules to take effect when a copy of the same, duly signed 
by a majority of the board, is deposited with the district 
clerk, whose duty it shall be transmit, forthwith, a copy 
of the same to the teachers employed in the schools ; said 
rules may be amended or repealed in like manner. They 
shall also have the power to suspend or expel a pupil when- 
ever, upon due examination, they become satisfied that the 
interest of the school demands such expulsion, and may 
admit pupils not residents within the district, and pre- 
scribe the tuition fee to be paid by the same: provided, 
that whenever persons residing in one district are permitted 
to send to school in another district in which they pay a 
school tax, they shall have credit on the amount charged 
them for tuition by the amount of tax they pay in such 
district for teachers' salaries and current expenses : and 
be it further provided, that orphan children, or any children 
bound as apprentices, shall have the privilege of attending 
school in any district in the state of Missouri in which they 
may find a permanent or temporary home, without paying 
a tuition fee. 

Approved March 28, 1885. 



JURY SERVICE EXEMPTION OF TEACHERS. 

AN ACT exempting certain bank officials from jury duty by amending 
section 2779, cliapter 43 of the Revised Statutes, 1879, [entitled " of 
grandand petit juries."] [Laws Mo. 1885, p. 184.] 

Be it enacted by the General Assembly of the State of 
Missouri y as follows: 

Section 1. To amend section 2779, chapter 43 of the Re- 
vised Statutes, 1879, by inserting after the word "record," 
in seventh line of said section, the words " president, 
cashier of any national bank or banking company incor- 



174 ACTS SUBSEQUENT TO REVISED STATUTES. 

porated under the laws of this state;" said section 2779, 
as amended, shall read as follows: 

Section 2779. [Persons exempt from service.] — No 
person being a member of any volunteer fire company, 
duly organized and ready for active service, no per- 
son employed in any paid fire department, and no person 
exercising the functions of a clergyman, practitioner of 
medicine, or attorney at law, clerk, or other officer of any 
court, ferry-keeper, postmaster, overseer of roads, coroner, 
constable, miller, professor or other teacher in any school 
or institution of learning, judge of a court of record, presi- 
dent, cashier of any national bank or banking company in- 
corporated under the laws of this state, or any person over 
the age of sixty-five years, shall be compelled to serve on 
any jury. 

Approved April 2, 1885. 

PHYSIOLOGY AND HYGIENE. 

AN ACT to amend section 7077 of chapter 150 of the Revised Statutes of 
Missouri, entitled "of schools," by striking out part thereof and insert- 
ing a provision relating to the studj' of physiology and hygiene, the duties 
of directors in relation thereto, and prescribing qualifications of teachefrs , 
[Laws Mo. 1885, p. 243.] 

Be it enacted by the General Assembly of the State of 
Missouri^ as follows : 

Section 1. Thatsection7077of chapter 150 of the Revised 
Statutesof Missouri, entitled "of schools," be and the same 
is hereby amended by striking out all that part of said section 
after the word " government," in the fifth line thereof, 
and inserting in lieu thereof the following: "provided, 
always, that provision shall be made for instructing all 
pupils in every school in physiology and hygiene, with 
special reference to the effects of alcoholic drinks, stimu- 
lants, and narcotics generally upon the human system : and 



ACTS SUBSEQUENT TO REVISED STATUTES. 175 

provided further, that after the first day of September, 
A. D. 1886, no certificate shall be granted to any person to 
teach in the public schools of this state, and no teacher shall 
thereafter be authorized to teach in the public schools of 
this state who shall not have passed a satisfactory examina- 
tion in physiology and hygiene, with special reference to the 
effects of alcoholic drinks, stimulants, and narcotics gener- 
ally upon the human system," so that said section, as 
amended, shall read as follows : 

Section 7077. [Qualifications necessary forcertificate.] — 
No person shall be granted a certificate to teach in any of 
the public schools established under the provisions of this 
chapter who is not of good moral character, and qualified 
to teach orthography, reading, penmanship, arithmetic, 
English grammar, modern geography, history of the United 
States and civil government: provided, that if any patron 
of any public school in this state demands in writing that 
instruction in physiology and hygiene, with special refer- 
ence to the effects of alcoholic drinks and stimulants and 
narcotics generally upon the human system, shall be given 
in the public school of which such person is a patron, 
then it shall be unlawful for the board of directors, or the 
board of education of such school district to exclude such 
instruction from such public school. But such instruction 
shall only be given to the child or children of such patron 
or patrons demanding the teaching of the same : and pro- 
vided further, that after the first day of September, A. D. 
1886, no certificate shall be granted to any person to teach 
in the public schools of this state, and no teacher shall 
thereafter be authorized to teach therein who shall not have 
passed a satisfactory examination in physiology and hygiene 
with special reference to the effects of alcoholic drinks, 
stimulants, and narcotics generally upon the human 
system. 

Approved April 2, 1885. 



176 ACTS SUBSEQUENT TO REVISED STATUTES. 



CONTAGIOUS AND INFECTIOUS DISEASES. 

AN ACT to repeal an act entitled " an act to prevent persons afflicted 
with any contagious or infectious disease from attending school," ap- 
proved March 21, 1883, and to enact a new section in lieu thereof. [Laws 
Mo. 1885, p. 247.] 

Be it enacted by the General Assembly of the State of 
Missouri, as folloivs: 

Section 1. That an act entitled " an act to prevent per- 
sons afflicted with any contagious or infectious disease from 
attending school," approved March 21, 1883, be and the 
same is hereby repealed, and the following new section 
enacted in lieu thereof: 

Section 2. It shall be unlawful for any child to attend 
any of the public schools of this state while afflicted with 
any contagious or infectious disease, or while liable to trans- 
mit such disease after having been exposed to the same. 
For the purpose of determining the diseased condition, or the 
liability of transmitting such disease, the teacher or board 
of directors shall have power to require any child to be ex- 
amined by a physician or physicians, and to exclude such 
child from school so long as there is any liability of such 
disease being transmitted by the same. A refusal on the 
part of the parent or guardian to have an examination made 
by a physician or physicians, at the request of the teacher 
or board of directors, will authorize the teacher or board of 
directors to exclude such child from school ; and any parent 
or guardian who shall persist in sending a child to school, 
after having been examined as provided by this section, and 
found to be afflicted with any contagious or infectious dis- 
ease, or liable to transmit the same, shall be deemed guilty 
of a misdemeanor. 

Approved April 3, 1885. 



FROM THE 



CONSTITUTION 

OP THE 

STATE OF MISSOURI 

OF 1875. 



ARTICLE II. BILL OF RIGHTS. 

In order to assert our rights^ etc., we declare: 

********** 

Section 21. Eminent domain — Compensation — That 
private property shall not be taken or damaged for public 
use without just compensation. Such compensation shall 
be ascertained by a jury or board of commissioners, of not 
less than three freeholders, in such manner as may be pre- 
scribed by law ; and until the same shall be paid to the 
owner, or into court for the owner, the property shall not 
be disturbed or the proprietary rights of the owner therein 
divested. The fee of land taken for railroad tracks with- 
out consent of the owner thereof, shall remain in such 
owner subject to the use for which it is taken. 

Public use — In a proceeding for the condemnation of land for a pub- 
lic sohool-house site under the statutes (Wagn. Stat., pp. 1244, 1247, §§ 
12, 26; Id., pp. 327-8, §§ 3, 4), the constitutionality of the law authorizing 
the condemnation was called in question (Const. 1865, Art. I., § 16) [See II. 
Mo. Kev. Stat. 1879, § 7051, p. 1888, § 7051 and I. Mo. Rev. Stat. 1879, ch. 21, 
12 (177) 



Jl 

178 MISSOURI CONSTITUTION 1875. 

art. 6, and Gonst. 1875, art. 2, § 21]. It was urged that the appropriation 
of property for the use of a local school district is not for a public use, that 
the proposed use is local and limited, and not for the public generally. 
The court quoting Poland, J., in Williams v. School District (33 Vt. 271) 
says : " The use in the present case (that of a public school-house) has a 
more enlarged and liberal view. It is a benefit and advantage to the 
whole country that all the children should be educated, and thus, by 
means of educating the children in a single district, benefits the whole. 
To accomplish this great object of educating the whole, it becomes nec- 
essary that a great number of schools should be supported to make them 
accessible to all ; but the principle remains the same as if all the children 
of the State could attend a single school ; they are all but separate means 
to accomplish the same great and general benefit." It was therefore 
held that such an appropriation was for a public use. Township Board, 
etc., V. Hackmann, 48 Mo. 243. 



ARTICLE IV. LIMITATION ON LEGISLATIVE POWER. 

^ * ,* * * *•* * 

Section 53. Special legislation prohibited — The Gen- 
eral Assembly shall not pass any local or special law : 

^*** * *** 

Eegulating the affairs of counties, cities, townships, 
wards or school districts : 

^* « ***** 

Erecting new townships, or changing township lines, or 
the lines of school districts: 

5^* * ***** 

Creating offices, or prescribing the powers and duties of 
officers in counties, cities, townships, election or school 

districts : 

^* * ***** 

Regulating the management of public schools, the build- 
inof or repairing of school-houses, and the raising of money 

for such purposes : 

^ * * ***** 

Creating corporations, or amending, renewing, extending 
or explaining the charter thereof : 



MISSOURI CONSTITUTION 1875. 179 

City of St.Louis, a ;Scliool District — The City of St. Louis is a school 
district within the purview of a statute referred to, in the opinion of the 
Attorney of the Board. II. Off. Proc. 157. 

Tlie Board, a corporation — The Board of President and Directors of 
the St. Louis Public Schools is a corporation. Attorney's Opinions. See 
I. Off. Proc. 247, 348 ; II. Off. Proc. 59 ; III. Off. Proc. 67. See also Eberle 
V. Board, etc., St. Louis Public Schools, 11 Mo. 247. It is an actual as 
distinguished from a quasi corporation. McLellan v. Board, etc., St. Louis 
Public Schools, 15 Mo. App. 362. It is not a municipal corporation. 
Heller v. Streramel, 52 Mo. 309. 



ARTICLE VIII. SUFFRAGE AND ELECTIONS. 

* ****** * 

Section 2. Qualifications of electors — Every male citi- 
zen of the United States, and every male person of foreign 
birth, who may have declared his intention to become a citi- 
zen of the United States according to law, not less than one 
year nor more than five years before he offers to vote, who 
is over the age of twenty-one years, possessing the follow- 
ing qualiiications, shall be entitled to vote at all elections by 
the people : 

First — He shall have resided in the State one vear im- 
mediately preceding the election at which he offers to vote. 

Second — He shall have resided in the county, city or town 
where he shall offer to vote, at least sixty days immediately 
preceding the election. 

See City Charter and School Board Charter provisions on pages 11, 
203 of this compilation. 

Sec. 3. Rules for conducting elections — Contested 
elections — All elections by the people shall be by 
ballot ; every ballot voted shall be numbered in the order in 
which it shall be received, and the number recorded by the 
election officers on the list of voters, opposite the name of 
the voter who presents the ballot. The election officers 
shall be sworn or affirmed not to disclose how any voter 



* 

180 MISSOURI CONSTITUTION 1875. 

shall have voted, unless required to do so as witnesses in a 
judicial proceeding: Provided, that in all cases of contested 
elections, the ballots cast may be counted, compared with 
the list of voters, and examined under such safe guards and 
regulations as may be prescribed by law. 
.* * * * * * * * 

Sec. 5. Registration — The General Assembly shall 
provide by law for the registration of all voters in cities and 
counties having a population of more than one hundred 
thousand inhabitants, and may provide for such registration 
in cities having a population exceeding twenty-five thousand 
inhabitants and not exceeding one hundred thousand, but 
not otherwise. 

Sec. 6. Persons in representative capacity — All 
elections, by persons in a representative capacity, shall be 
viva voce. 

Constitntion binding — The Board of President and Directors of the 
St. Louis Public Schools is a corporation consisting of " all (free white) 
persons residing within the limits of the city of St. Louis, as they now 
are, or hereafter may be established bylaw." While it is created for spe- 
cific limited purposes, those purposes are strictly public and political. 
The eighth article of the constitution purports to deal with public rights 
and public bodies only. And so far as it speaks of elections, its provis- 
ions cannot be lawfully disregarded in the conduct of School Board 
elections. Atty's Opinion, III. Off. Proc. 67. 

Representative capacity — It [the constitutional provision referred to 
in last preceding note] applies to the directors of the Board of President 
and Directors of the St. Louis Public Schools. When they elect either 
men or measures they act in a public representative capacity, and are 
required to vote viva voce. Such an election by ballot is void; and a new 
election may be held at any time. Atty's Opinion, III. Off. Proc. 67. 

ARTICLE X. REVENUE AND TAXATION. 

* ****** * 

Section 5. Railroad corporations subject to taxa- 
tion — All railroad coporations in this State, or doing bus- 
iness therein, shall be subject to taxation for Stkte, county, 



MISSOURI CONSTITUTION 1875. 181 

school, municipal, and other purposes, on the real and per- 
sonal property owned or used by them, and on their gross 
eiirnings, their net earnings, their franchises, and their capi- 
tal stock. 

Railroads, taxation of — School taxes under the revenue law of this 
state (n. Mo. Rev. Stat. 1879, § 6880) [since repealed] cannot be levied on 
railroad property for buildinaj houses or for paying past indebtedness. 
Such levy can be made only for school purposes proper. " The legislature 
has not subjected the property of railroad companies to taxation for any 
other than ' school purposes ' proper." State ex rel. v. Wabash, etc., R. 
Co., 83 Mo. 395, 398. 

Distribution of railroad taxes — The road-bed of a railroad is chiefly 
valuable as an entirety, and its subdivisions within the limits of a county, 
or a school district, are not to be treated as local property under the acts 
of 1875 for the assessment and distribution of railroad taxes (Acts 1875, 
p. 121, § 8; p. 129, § 12.) The school tax on such road-bed, apportioned 
to a county are properly distributed to the school districts therein in 
proportion that the number of school children in each district bears to 
the whole number in the county; and the act of 1875 providing for such 
distribution in not unconstitutional as giving a portion of the taxes 
levied upon property in one district to another (citing State ex rel. v. 
Severance, 55 Mo. 378, 388; Washington County v. St. Louis, etc., R, Co., 
58 Mo. 372, 376 ; State ex rel. v. County Court of St. Louis County, 34 Mo. 
546; School District, etc., v. Weber, 75 Mo. 558; State ex rel. v. Holla- 
day, 70 Mo. 137, and distinguishing Wells v. City of Weston, 22 Mo. 
384). Inre Apportionment of Railroad School Tax, 78 Mo. 596. 

School tax — Railroads — Under the acts of 1877 (Laws of Mo. 1877, 
p. 365; Laws of Mo. 1875, amended) the fund arising from the taxation of 
railroads goes exclusively to the school districts in the townships only 
when such townships have made valid subscriptions to the railroads. 
When no such subscriptions have been made, the fund is distributed 
ratably among all the districts of the county, except that the taxes aris- 
ing from the land, depots, workshops and other buildings, belonging to 
the railroads, shall go to the districts in which such property is situated 
(confirming Inre, etc.. Railroad School Tax, 78 Mo. 596). School Dis- 
trict, etc., V. Rhodes, 81 Mo. 473. 

Railroads taxed only in districts through which they pass — A 

person or corporation owning property in one school district is not t9.xed 
to support schools in any other district, though such other district maj 
be in the same county. And a railroad should pay taxes only in the 
districts through which the road passes, or in which it owns property. 
Livingston County v. Hannibal, etc., R. Co., 60 Mo. 516. 



182 MISSOURI CONSTITUTION 1875. 

Sec. 6. Exemptions — The property, real and personal, 
of the State, counties and other municipal corporations, and 
cemeteries, shall be exempt from taxation. Lots in incor- 
porated cities or towns, or within one mile of the limits of 
any such city or town, to the extent of one acre, and lots 
one mile or more distant from such cities or towns, to the 
extent of live acres, with the buildings thereon, may be ex- 
empted from taxation when the same are used, exclusively 
for religious worship, for schools, or for purposes purely 
charitable ; also, such property, real or personal, as may be 
used exclusively for Agricultural or Horticultural Societies : 
Provided, That such exemptions shall be only by general 
law. 

Sec. 7. Exemptions — All laws exempting property from 
taxation, other than the property above enumerated, shall 
be void. 

See sections 6659 and 6664, [II. Mo. Rev. Stat. 1879, pp. 1304-, 1306], 
for statutes providing for tlie enforcement of this section on pages 105, 
144 of this compilation. 

Liable for Special Taxes — This section has reference only to ordi- 
nary or general taxation for the purposes of revenue. State ex rel. v. 
Linn County Court, 44 Mo. 504. Under its charter the Good Samaritan 
Hospital vyas "exempted from taxation of every liind." Held, that the 
exemption did not cover special assessments against the property for 
improvements of the street fronting it. Sheehan v. Good Samaritan 
Hospital, 50 Mo. 155. 

The real estate belonging to the Board of Public Schools of the city of 
St. Louis is liable to be assessed, under and by virtue of ordinances of 
the city of St. Louis, for the construction of sewers, paving, opening 
streets, etc. Lockwood v. City of St. Louis, 24 Mo. 20, affirmed by St. 
Louis Public Schools v. City of St. Louis, 26 Mo. 468. 

Bnildiug partly used for schools— Under the eighth subdivision of 
the second section of Article 1 of the Revenue lavp of 1845 [Rev. Stat. 
1845, p. 928] which exempts from taxation " school houses, and other 
buildings for the purposes of education, with their furniture and equip- 
ments and the lands appurtenant thereto and used therewith, so long as 
the same shall be used for that purpose," a building used partly for 
school purposes but a large part of which is used for other purposes, 
is not exempt in any part from taxation. There cannot be a separate 



MISSOURI CONSTITUTION 1875. 183 

assessment for that portion which is used for other than school purposes. 
Wyman v. City of St. Louis, 17 Mo. 335. 

Bnildiug partly used for schools — A school building was exempted by 
law from taxation " so long as it is used only for purposes of education." 
There were two stories to the building. The entire second floor, and a 
large part of the first were used and occupied in the conduct of the school, 
and two corner rooms on the first floor were let at a monthly rental for a 
saloon and store respectively. 

This rental was applied and by the terms of its charter it must be applied 
to the expenses incurred in conducting the school. Held, that the entire 
property is exempt from taxation. The case is distinguished from that 
of Wyman v. St. Louis (17 Mo. 335), where the plaintiff derived a revenue 
for his personal benefit from the whole building, renting some stories of 
the building for store and concert halls, and occupying the third and 
fourth floors only for his private school. North St. Louis Gymnastic So- 
ciety i>. Hudson, 12 Mo. App. 342, citing State ex rel. v. Powers, 10 Mo. 
App. 268; 8. c. 74 Mo. 476. 

Where a building was used in part for a Masonic hall (claimed exempt 
from taxation under the charter of the hall association) and the first and 
second stories were leased to the Board of President and Directors of St. 
Louis Public Schools, to be used by it for school purposes, it was held, 
that as the building was not exclusively used either for Masonic or school 
purposes, but was used partly for each, the property was not exempt. 
"The different uses of the building do not make the property divisible 
for purposes of taxation. ' There is no mode pointed out by which part 
of a house can be assessed and not the remainder.' (Wyman v. City of 
St. Louis, 17 Mo. 337.) Whether when a building is used for several pur- 
poses, each creating an exemption when applied to an exclusive use, a 
general exemption will follow — qucere State ex rel. Hudson v. Central St. 
Louis, etc., Association, 14 Mo. App. 597, No. 2610. 

***** * ** 

Sec. 11. Rates of taxation for local purposes — Valua- 
tion — Taxes for county, city, town and school purposes, 
may be levied on all subjects and objects of taxation ; but 
the valuation of property therefor shall not exceed the valu- 
ation of the same property in such town, city or school dis- 
trict for Stale and county purposes. * * * For school 
purposes in districts, the annual rate on property shall not 
exceed forty cents on the hundred dollars valuation : 
Provided, The aforesaid annual rates for school purposes 
may be increased in districts formed of cities and towns, 



184 MISSOURI CONSTITUTION 1875. 

to an amount not to exceed one dollar on the hundred 
dollars valuation ; and in other districts to an amount not 
to exceed sixty-five cents on the hundred dollars valua- 
tion, on the condition that a majority of the voters who 
are taxpayers, votin'g at an election held to decide the ques- 
tion, vote for said increase. For the purpose of erecting 
public buildings in counties, cities or school districts, the 
rates of taxation herein limited may be increased when 
the rate of such increase and the purpose for which it is 
intended shall have been submitted to a vote of the people, 
and two-thirds of the qualified voters of such county, city, 
or school district, voting at such election shall vote there- 
for. The rate herein allowed to each county shall be 
ascertained by the amount of taxable property therein, 
according to the last assessment for State and county pur- 
poses, and the rate allowed to each city or town by the 
number of inhabitants, according to the last census taken 
under the authority of the State, or of the United States ; 
said restrictions, as to rates, shall apply to taxes of every 
kind and description, whether general or special, except 
taxes to pay valid indebtedness now existing or bonds 
which may be issued in renewal of such indebtedness. 

See Article XL, section 7 of State Constitution, "Deficiency in 
School Funds — State Eevenue," referring to this section, on page 
190 of tliis compilation. 

Ttie St. Louis School Board comes within the intention and meaning of 
this section and is limited to the amount of four mills on the dollar, so far 
as taxation for current expenses is concerned, and to one mill on the 
dollar to pay existing indebtedness. Atty's Opinion, III. Off. Proc. 350. 

Preferred debt — Section 7, article VIL of the school law of 1855 (R. C. 
1855, p. 1440), giving a preference to the debt owing by any officer or other 
person to the school fund is not uucoustitutional. Cass County v. Jack, 
49 Mo. 196. 

Increase of school tax — "The annual rate for school purposes may be 
increased if a majority of voters who are taxpayers, voting at an lection 
held to decide that question, vote for said increase. The rate of taxa- 
tion for the purpose of erecting public buildings in school districts may be in- 



MISSOURI CONSTITUTION 1875. 185 

creased if two-thirds of the qualified voters of such school district voting 
y at such election shall vote therefor." State ex rel. v. Wabash, etc., R- 
Co., 83 Mo. 395, 397. 

Constitutional provision for increase of school taxes not self- 
enforcing — On the 11th day of April, 1876, the Moberly Board of Educa- 
tion submitted to the people of their school district the question of 
making a levy of one per cent for the year 1876, upon all the property 
therein, to be used in the construction of a public school building. From 
the returns of that election it appeared that two-thirds of the qualified 
voters had voted in favor of the proposition. The levy was thereupon 
made. Section 11, article 10, of the Constitution of 1875 provides that: 
"For the purpose of erecting public buildings in * * * school dis- 
tricts, the rate of taxation herein limited may be increased when the rate 
of such increase and the purpose for which it is intended shall have 
been submitted to a vote of the people, and two-thirds of the qualified 
voters * * * of such school district voting at such election shall vote 
therefor." Held, that the provision of the Constitution required legisla- 
tion to enforce it, and that as there was none such until Maly 24, 1877 
(Acts 1877, p. 405), the levy of 1876 and all subsequent proceedings were 
illegal and void. State ex rel. v. St. Louis, etc., R. Co., 74 Mo. 163. 

Increase of school taxes — Notice — After the adoption of the Consti- 
tution of 1875, and until the passage of the act of March 24, 1877, no author- 
ity existed for levying taxes for school purposes, in districts, exceeding 
forty cents on the $100 of the valuation (citing St. Joseph, etc.. Schools 
V. Patten, 62 Mo. 444, 450 ; State ex rel. v. Holladay, 66 Mo. 385, 387; State 
ex rel. v. St. Louis, etc., R. Co., 74 Mo. 163). Fifteen days notice must be 
given of any election held under that act for the purpose of authorizing a 
tax exceeding forty cents on the .f 100 valuation. " In the case of McPike 
V. Pen. (51 Mo. 64) upon a question involving necessity for notice of an 
election, although in that case the statute authorizing the county court to 
order an election, was silent as to notice, it was held that the necessity 
that the notice be given is so controlling — such an essentia! part in the 
machinery of an election, that the irregularity in not giving it was fatal." 
State V. St. Louis, etc., R. Co., 75 Mo. 526, 528. 

Procedure — There is no equity to restrain by injunction the collection 
of a school tax, the assessment of which is void. If the assessment be 
void, it will not protect the officer, nor will a sale divest the owner of his 
property. The money can be fully compensated for at law. In this 
case personal property was sought to be sold for taxes. Sayre v. Tomp- 
kins, 23 Mo. 443. 

Procedure — Where school property is illegally taxed injunction is 
the proper remedy to prevent the sale of such property whereby a cloud 
would be cast upon the title. North St. Louis Gymnastic Society v. 
Hudson, 12 Mo. App. 342. 



I 

186 MISSOURI CONSTITUTION 1875. 

Injunction to restrain sale of land for taxes — " The court hasuui - 
f ormly enjoined the sale of lands for the payment of taxes, upon the 
ground that a cloud is thereby cast upon the title, although the assess- 
ment was illegal " (citing Lockwood v. St. Louis, 24 Mo. 20; Fowler 
V. St. Joseph, 37 Mo. 228; Leslie v. St. Louis, 47 Mo. 474). Bliss, J., in 
McPike V. Pen, 51 Mo. 62. 

Procedure — The failure of a tax payer to take steps to prevent an 
illegal levy of taxes, will not estop him from resisting the enforcement 
of the tax when levied against his property. State ex rel, v. St. Louis, 
etc., R. Co., 74 Mo. 163. 

Procedure — Mandamus will lie to compel the county clerk to assess 
the school taxes of a district on the taxable property therein according 
to its legal limits (citing State ex rel. v. Byers, 67 Mo, 706) State ex rel. 
V. Riley, 85 Mo. 156. 

Procedure — The remedy by injunction in the name of the State does 
not lie against a board of education to prevent the collection of a tax to be 
levied by the board, the validity of which is disputed on the ground that 
the board has no corporate existence, nor to prevent the collection of 
one which has been extended on the tax books and placed in the hands 
of the collector. The remedy in the latter case is injunction in the 
name of the taxpayer against the collector. Ewing v. Board, etc., of 
Jefferson City, 72 Mo. 436. 

Sec. 12. Municipal and school indebtedness lim- 
ited — No county, city, town, township, school district 
or other political corporation or subdivision of the State, 
shall be allowed to become indebted in any manner or for 
any purpose to an amount exceeding in any year the income 
and revenue provided for such year, without the assent of 
two-thirds of the voters thereof voting; at an election to be 
held for that purpose ; nor in cases requiring such assent 
shall any indebtedness be allowed to be incurred to an 
amount including existing indebtedness, in the aggregate 
exceeding five per centum on the value of the taxable prop- 
erty therein, to be ascertained by the assessment next be- 
fore the last assessment for State and county purposes, 
previous to the incurring of such indebtedness : Provided, 
That with such assent any county may be allowed to become 
indebted to a larger amount for the erection of a court- 



MISSOURI CONSTITUTION 1875. 187 

house or jail: And provided further, That any county, 
city, town, township, school district, or other political cor- 
poration, or subdivision of the State, incurring any indebt- 
edness, requiring the assent of the voters as aforesaid, shall, 
before or at the time of doing so, provide for the collection 
of an annual tax sufficient to pay the interest on such 
indebtedness as it falls due, and also to constitute a sinking 
fund for payment of the principal thereof, within twenty 
years from the time of contracting the same. 

Applicable to St. Louis Scliool Board— See Attorney's Opinion, 
where he states that the city of St. Louis is a school district within the 
purview of a statute there referred to. II. Off.,Proc. 157. 

Applicable to St. Louis School Board — The Board is a corporation 
createdforstrictly public and political purposes. Atty's Opinion, III. Off. 
Proc. 67. See, also, Atty's Opinion, I. Off. Proc 247, 347 ; II. Off. Proc. 59 ; 
Eberle v. The Board, etc., II Mo. 247. It is an actual as distinguished 
from a gwasi-corporation. McLellan v. The Board, etc., St. Louis Public 
Schools, 15 Mo. App. 362. But see Heller v. Stremmel, 52 Mo. 309. 

* ** * **** 

Sec. 17. Speculation in public funds — The making of 
profit out of State, county, city, town or school district 
money, or using the same for any purpose not authorized 
by law, by any public officer, shall be deemed a felony, and 
shall be punished as provided by law. 

Sec. 18. State board of equalization — There shall be 
a State Board of Equalization consisting of the Governor, 
State Auditor, State Treasurer, Secretary of State and At- 
torney General. The duty of said board shall be to adjust 
and equalize the valuation of real and personal property 
among the several counties in the State, and it shall perform 
such other duties as are or may be prescribed by law. 



ARTICLE XI. EDUCATION. 

Section 1 . Public Schools — Persons of school age — 

A general diffusion of knowledge and intelligence being 



I 

188 MISSOURI CONSTITUTION 1875. 

essential to the preservation of the rights and liberties of 
the people, the General Assembly shall establish and main- 
tain free public schools for the gratuitous instruction of all 
persons in this State between the ages of six and twenty 
years. 

Sec. 2. disbursement of scliool funds — Certain dis- 
tricts not entitled to — The income of all the funds pro- 
vided by the State for the support of free public schools 
shall be paid annually to the several county treasurers to be 
disbursed according to law ; but no school district, in which 
a free public school has not been maintained at least three 
months during the year for which the distribution is made, 
shall be entitled to receive any portion of such funds. 

Sec. 3. Schools for colored children — Separate free 
public schools shall be established for the education of chil- 
dren of African descent. 

Sec. 4. Board of Education — The supervision of in- 
struction in the public schools shall be vested in a " Board 
of Education," whose powers and duties shall be prescribed 
by law. The Superintendent of Public Schools shall be 
President of the Board. The Governor, Secretary of State 
and Attorney General shall be ex-officio members, and with 
the Superintendent, compose said Board of Education. 

The limit was twentj'^-one years, under Constitution of 1865, Art. 
IX., § 1. 

For proposed amendment of this section fixing the school age at flye 
instead of six years, see V. Off, Proc. 306, 312. 

School age — "Common schools" defined— The Board of President and 
Directors of the St. Louis Public Schools has control over its school funds 
unaccompanied by any conditions as to the kind of schools which it shall 
maintain, or the character and nature of the studies which it shall pre- 
scribe or allow. In the legislation of this State the phrase "common 
schools," means schools open and public to all, rather than schools of 
any definite grade, and the term " school," by and of itself does not apply 
a restriction to the rudiments of an education. 

The first section of article 10 of the Constitution of 1875 requires 
instruction to be given gratuitously to all persons in the State between 



MISSOURI CONSTITUTION 1875. 189 

the ages of six and twenty years. The sixth section declares that the 
public school fund " shall be faithfully appropriated for establishing and 
maintaining the free public schools * * * in this article provided for 
and for no other uses and purposes whatever." 

Held, that the two sections construed together, require free public 
schools for all persons between the ages of six and twenty years, but 
prohibit gratuitous instruction from public school fund to children under 
the age of six years. Roach v. The Board, etc., of St. Louis Public 
Schools, 77 Mo. 484, reversing in part s. c. 7 Mo. App. 567. 

For opinion of the Attorney of the Board and of other attorneys on 
this subject, see III. Off. Proc. 30-32. For extracts from St. Louis 
Court of Appeals' decision in above mentioned case, and the Attorney's 
opinion thereon, see III. Off. Proc. 446. 

Board not anthorized to instruct persons not of school age for 

pay — The Attorney of the Board submits his opinion that under a proper 
construction of the decision of the Supreme Court in the case of Roach 
V. The Board of President and Directors of the St. Louis Public Schools, 
the "Board is not authorized for pay to instruct pupils below the age of 
six years in its kindergartens, or pupils above the age of twenty years in 
its evening schools." V. Off. Proc. 56. 

Colored schools — In Constitution of 1865, Art. IX,, § 2, the language 
was: "Separate schools may be established for children of African 
descent." 

The Attorney of the Board, in an opinion delivered September 14, 1875, 
holds that the word "may" in the Constitution of 1865 must be inter- 
preted so that the establishment of separate schools for colored children 
shall be mandatory. He also states that the legislature has passed two 
Acts bearing on the subject, and quotes the Act of January 14, 1865, and 
the act amending it, approved March 17, 1875. [See the latter, which 
contains the amended Act in full on page 53 of this compilation. See 
also Acts of 1883, pages 149, 150.] "It thus appears," says the Attor- 
ney, "that the law imposes upon this Board the obligation to provide 
for and maintain a separate high school for colored children in this city, 
and that a total discontinuance of such school is not within the legal 
power of the Board, That on the other hand, whilj the colored people 
may enforce the maintenance of such separate high school by appropriate 
legal proceedings, the Board cannot be forced to admit colored children 
into the Central or Branch High School in any event." II. Off. Proc. 59. 

Sec. 5. State University — The General Assembly 
shall, whenever the Public School Fund will permit, and 
the actual necessity of the same may require, aid and 
maintain the State University now established with its 



190 MISSOURI CONSTITUTION 1875. 

present departments. The government of the State 
University shall be vested in a Board of Curators, to con- 
sist of nine members, to be appointed by the Governor, by 
and with the advice and consent of the Senate. 

Sec. 6. School fund — The proceeds of all lands that 
have been or hereafter may be granted by the United 
States to this State, and not otherwise appropriated by 
this State or the United States; also, all moneys, stocks, 
bonds, lands and other property now belonging to any 
State fund for purposes of education ; also, the net pro- 
ceeds of all sales of lands and other property and effects 
that may accrue to the State by escheat, from unclaimed 
dividends and distributive shares of the estates of deceased 
persons; also an}'' proceeds of the sales of the public lands 
which may have been or hereafter may be paid over to 
this State (if Congress will consent to such appropriation) ; 
also, all other grants, gifts or devises that have been, or 
hereafter may be made to this State, and not otherwise 
appropriated by the State or the terms of the grant, gift 
or devise, shall be paid into the State Treasury, and 
securely invested and sacredly preserved as a Public School 
Fund ; the annual income of which fund, together with so 
much of the ordinary revenue of the State as may be by 
law set apart for that purpose, shall be faithfully appro- 
priated for establishing and maintaining the free public 
schools and the State University in this Article provided for, 
and for no other uses or purposes whatsoever. 

Sec. 7. Deficiency in scbool funds — State rev- 
enue — In case the Public School Fund now provided and 
set apart by law, for the support of free public schools, 
shall be insufficient to sustain a free school at least four 
months in every year in each school district in this State, 
the General Assembly may provide for such deficiency in 
accordance with section eleven of the Article on Revenue 
and Taxation ; but in no case shall there be set apart less 



MISSOURI CONSTITUTION 1875. 191 

than twenty-five per cent, of the State revenue, exclusive 
of the Interest and Sinking Fund to be applied annually to 
the support of the public schools. 

School f and — Preseryatlon of, policy of the law— "The sixteenth 
sections are by law set apart, for a purpose the most laudable. The law 
is so mindful of the interest which after generations have in those lands, 
as to make their preservation from waste, the subject of special legisla- 
tion, and to constitute all civil officers a committee of vigilance to pro- 
tect them and bring to punishment all persons ti'espassing thereon. The 
judges of the circuit courts are required to direct the attention of the 
grand juries specially, to the subject, and the grand juries are enjoined, 
diligently, to inquire into all offenses committed on these lands and 
present the offenderlS;" McBride, J., State v.Eoberts, 11 Mo. 510, 512. 

School-fnnds — In response to a resolution of the Board of August 8, 
1876, the Attorney repoi'ted all sources of revenue settled upon the St. 
Louis Public Schools by municipal, State or Federal laws, stating the 
periods when payments mature, and what security the Public Schools 
have for their final collection. II. Off. Proc. 157. 

The Attorney's opinion, designating each fund into which the receipts 
of the Board pass, under what law or resolution created, for what pur- 
pose and in what manner each can be expended, and to what extent each 
is under control of the Board, will be found in III. Off. Proc. 349. 

See section 11, Article X., on "Revenue and Taxation" referred to in 
section 7 above on page 190 of this compilation. 

Section eight of article nine of Constitution of 1865 amounts to a 
mandate to the legislature to provide the means of sustaining a free 
school in each district in the State at least four months in each year, but 
does not prohibit a larger provision. State ex rel. v. Miller, 65 Mo. 50. 

Sec. 8. County school fund — All moneys, stocks, 
bonds, lands and other property belonging to a county 
school fund ; also, the net proceeds from the sale of estrays ; 
also the clear proceeds of all penalties and forfeitures, and 
of all fines collected in the several counties for any breach 
of the penal or military laws of the State, and all moneys 
which shall be paid by persons as an equivalent for exemp- 
tion from military duty, shall belong to, and be securely 
invested and sacredly preserved in the several counties, as 
a county public school fund ; the income of which fund shall 



192 MISSOURI CONSTITUTION 1875. 

be faithfully appropriated for establishing and maintaining 
free public schools in the several counties of this State. 

Penalties and forfeitures — The clear proceeds of all penalties and 
forfeitures collected within this county belong under this section to the 
county school fund and the interest of the School Board in such net pro- 
ceeds is more than eighteen-twentieth parts. Atty's Opinion, II. Off. 
Proc. 282. See, also, resolution of the Board, II. Off. Proc. 295. 

Trust fund — It seems that the portion of the fund that formerly be- 
longed to the county school capital of St. Louis county, and came into 
possession of the St. Louis School Board is impressed with a trust by the 
State Constitution. It is in the nature of a trust fund, only the income 
of which can be used. Atty's Opinion, III. Off. Proc. 180. See, also, 
Atty's Opinion, IIL Off. Proc. 349. • 

Sec. 9. Investment of Public Scliool Fund — No part 
of the Public School Fund of the State shall ever be invested 
in the stock or bonds, or other obligations of any other 
State, or of any county, cit}^ town or corporation ; and the 
proceeds of the sales of any lands or other property which 
now belong, or may hereafter belong to said school fund, 
shall be invested in the bonds of the State of Missouri, or of 
the United States. 

Sec. 10. Investment of €ounty School Fund — All 
county school funds shall be loaned only upon unencum- 
bered real estate security, of double the value of the loan, 
with personal security in addition thereto. 

Under the Constitution of 1865, Art. IX., § 6, the School Fund could 
be invested only in the bonds of the United States. 

Investment of fnnds — Section 6, of an act approved March 5, 18&6, pro- 
vided that the purchase money arising from the sale of certain stock of 
the Bank of the State of Missouri, belonging to the State might be paid 
in bonds and coupons of the State; held, tha,t this was not necessarily 
an investment in either State bonds or obligations. State v. Bank of the 
State of Missouri, 45 Mo. 528. 

Investment of funds — " With reference to the ninth and tenth sections 
of article 11, of the Constitution, there is no question, but that the ninth 
section, providing for the investment in bonds of this State or the United 
States only, and which prevents the investment of the fund in county, 



MISSOURI CONSTITUTION 1875. 193 

city, or township bonds, applies to the public school fund of the State 
alone. It says so definitely, and the distinction between the public school 
fund of the State, and that of the counties is clearly and distinctly shown by 
the sixth and eighth sections preceding. There is no question that, under 
the tenth section, if the Board undertakes to loan any of the fund which 
formerly belonged to the county school fund, it must be loaned only on 
unincumbered real estate worth double the amount loaned, with personal 
security in addition. I don't think the tenth section limits the invest- 
ment to such loans; but if it is loaned it must be loaned in that way. I 
see nothing preventing the investment of those funds in registered bonds 
of the City of St. Louis, or any other bonds." Atty's Opinion, III. Off. 
Proc. 180. 

Security for loans — A mortgage given to a county to secure the loan 
of school money is not void because it is a second mortgage, by reason 
of the statute (II. Rev. Stats. 1879, § 7110), providing that such loans 
shall be upon real estate free from all liens and incumbrances; the object 
of the statute is to secure such loans, and not to destroy such security as 
maybe taken. Sharp's Admr. v. Collins, 74 Mo. 266. 

The county court has power to release a mortgage taken as security 
for school funds, upon receiving in its place a mortgage upon other lands, 
provided the change can be made without detriment to the fuud. The 
sureties in the bond which the law requires to be taken as additional 
security, will not be relieved of liability by reason of the change, though 
made without their knowledge, except to the extent to which they may 
be injured by it. Lafayette County v. Hixon, 69 Mo. 581. 

A statute prescribing how mortgages for the security of the loan of 
school money shall be conditioned (Rev. Stats. 1855, p. 1424, § 22), is 
thus construed by the Supreme Court: "We consider the 22d section of 
the act of 1855, as merely directory. It specifies the kind of mortgage 
which the court is required to take, and is so particular as to give in 
substance all the provisions it should contain. Where the mortgage is 
taken under these provisions, the statute must be in all respects complied 
with; but we do not see that the interest of the school fund would be 
advanced by holding that any other mortgage, which would be good at 
common law, should be held void." Mann v. Best, 62 Mo. 491, 495. 

Security for loans — The failure of the county court to take a mort- 
gage in fee, on real estate, free from all liens and incumbrances, to se- 
cure the payment of school money loaned, as required by the act for the 
organization and support of common schools, does not discharge the 
surety. Marion County v. Moffett, 15 Mo. 604. 

Sale of school bonds — A board of education sold its bonds at ninety 
cents on the dollar, the purchaser charging and retaining out of the pro- 
ceeds one per cent as a commission on the sale. A statute prohibited the 
13 



194 MISSOURI CONSTITUTION 1875. 

bonds beiag sold at less than ninety cents on the dollar. Held, that this 
transaction was no violation of the statute. Franklin, etc., Institution v. 
Board, etc., of Eoscoe, 75 Mo. 408. 

Sec. 11. Schools for religious or sectarian purposes — 

Neither the General Assembly, nor any county, city, town, 
township, school district or other municipal corporation, 
shall ever make an appropriation, or pay from any public 
fund whatever, any thing in aid of any religious creed, 
church or sectarian purpose ; or to help to support or 
sustain any private or public school, academy, seminary, 
college, university or other institution of learning, con- 
trolled by any religious creed, church or sectarian denomi- 
nation whatever; nor shall any grant or donation of per- 
sonal property or real estate ever be made by the State, or 
any county, city, town or other municipal corporation, for 
any religious creed, church or sectarian purpose whatever. 

ARTICLE XII. CORPORATIONS. 

**** ** *-* 

Section 2. Shall not be created by special laws — No 

corporation, after the adoption of this Constitution, shall be 
created by special laws ; nor shall any existing charter, be 
extended, changed or amended by special laws, except 
those for charitable, penal or reformatory purposes, which 
are under the patronage and control of the State. 



article XIV. — miscellaneous. 

Section 1. Disposal of soil by United States — The 

General Assembly of this State shall never interfere 
with the primary disposal of the soil by the United 
States, * * * 

See note ^^Miscellaneous,'''' to Act of Congress of March 6, 1820 [3 U. S. 
Stats, at Large, 545], page 233 of this compilation. 



ORDINANCE 



CONVENTION OF 1820. 



AN ORDINANCE, DECLARING THE ASSENT OF THE PEOPLE OF 
THE STATE OF MISSOURI, BY THEIR REPRESENTATIVES IN CON- 
VENTION ASSEMBLED, TO CERTAIN CONDITIONS AND PROVISIONS 
IN THE ACT OF CONGRESS OF THE SIXTH OF MARCH, ONE THOU- 
SAND filGHT HUNDRED AND TWENTY, ENTITLED, *' AN ACT TO 
AUTHORIZE THE PEOPLE OF MISSOURI TERRITORY TO FORM A 
CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMIS- 
SION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING 
WITH THE ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN 

CERTAIN TERRITORIES." [SigiiedJiily 19, 1820, to be found 
prefixed to I. Mo. Rev. Stat. 1879, p. xlix], contains the 
following : 

Preamble — Whereas, The act of Congress of the 
United States of America, approved March the sixth, one 
thousand eight hundred and twenty, entitled, " An act to au- 
thorize the people of Missouri Territory to form a consti- 
tution and State government, and for the admission of such 
State into the Union on an equal footing with the original 
States, and to prohibit slavery in certain territories," con- 
tains certain requisitions and provisions, and among other 
things, has offered to this Convention, when formed, for and 
in behalf of the people inhabiting this state, for their free 

(195) 



I 

196 CONVENTION ORDINANCE 1820. 

acceptance or rejection, the five following propositions: 
and which, if accepted by this convention in behalf of the 
people, as aforesaid, are to be obligatory on the United 
States, viz : 

Sixteenth section — First. That section numbered six- 
teen in every township, and when such section has been 
sold or otherwise disposed of, other lands equivalent thereto, 
and as contiguous as may be, shall be granted to the state, 
for the use of the inhabitants of such township for use 
of schools. [Here follow four other propositions not af- 
fecting schools.] 

Acceptance of propositions — Now, this Convention 
for and in behalf of the people inhabiting this State, and by 
the authority of the said people, do accept the five before 
recited propositions, offered by the act of Congress under 
which they are assembled ; * * * 

See act of Congress of March 6, 1820, authorizing formation of State 
on the acceptance of certain propositions on page 232 of this compilation. 



FROM THE 

sch:ei:L/1:e 



SEPARATION AND REORGANIZATION 



OF THE 



CITY AND COUNTY OF ST. LOUIS. 



Sec. 36. School property in districts intersected by city 

limits — In all cases where the limits of the city of St. 
Louis, as herein extended, include a part only of any school 
district, the following shall be the mode of adjustment as 
to property held by or for the use or benefit of such dis- 
trict : First, where the part of such district, included within 
such extended limits, contains any school house or other 
real estate belonging to the district, the board of president 
and directors of the St. Louis public schools shall pay into 
the county treasury of St. Louis county, for the use of that 
part of the district not so included, such proportion of the 
valuation of said school property as the taxable value of 
property in the part of such district not so included bears 
to the taxable value of all property in such district, as con- 
stituted before such extension ; second, where the part of 
such district, not included within such extended limits, con- 
tains any school house or other real estate belonging to the 

(197) 



. I 

198 FROM THE SCHEME. 

district, the inhabitants of the district not so included shall 
pay to the board of president and directors of the St. Louis 
public schools such proportion of the valuation of said 
school property as the taxable value of property in the part 
of such district included within the city limits bears to the 
taxable value of all property in such district, as constituted 
before such extension. The valuation of school property 
mentioned in this section shall be made by arbitrators, one 
of whom shall be selected by the board of president and di- 
rectors of the St. Louis public schools, and one by the 
directors of the school district affected, who, if disagreeing, 
may select a third ; or, if unable to agree on the selection 
of such third arbitrator, any school director, or member of 
the board of president and directors of the St. Louis public 
schools, may apply to the circuit court of the eighth judicial 
circuit to appoint one. A report of the valuation made by 
such arbitrators, or a majority thereof, shall be filed as soon 
as practicable in the clerk's office of the circuit court of the 
eighth judicial circuit. Any money to be paid to the board 
of president and directors of tiie St. Louis public schools 
shall be provided for by the assessment, levy and collection 
of a special tax on all taxable property within such districts 
not so included. 

Arbitration — "The thirty-sixth section of the scheme provides for a 
valuation of school property by arbitrators in all cases where the limits 
of the city of St. Louis, as extended, include a part only of any school 
district, in order to obtain an adjustment between this Board and such 
districts, part of such arbitrators to be appointed by this Board." Atty's 
Eeport, II. Off. Proc. 198. 

^EC. 37. Title vested in St. Louis Board of Public 
Schools — All property, real, personal or mixed, of every 
kind and description, and the evidence of title thereto, now 
held by the county of St. Louis, or by the county court of 
St. Louis county, in trust or for the use of the inhabitants 
of township forty-five, north, of range seven, east, for 



FROM THE SCHEME. 199 

school purposes, and all such property, and the evidences 
of title thereto, held by any public officer for the use of 
any school district in said township, or held by or for the 
benefit of an}'^ such district, shall, as soon as this scheme 
goes into effect, pass and be delivered to the board of 
president and directors of the St. Louis public schools ; and 
the title to any and all such property shall, by operation 
hereof, vest in said board. 

Transfer of property — "The thirty-seventh section provides for 
the transfer of all property, real, personal and mixed, vpithin the extended 
limits, held for school purposes, either by the county of St. Louis or the 
county court of St. Louis, or any public ofHcer, to the Board of President 
and Directors of the St. Louis Public Schools." Atty's Report, II. Off. 
Proc. 198. 

Sec. 88. Enumeration of children, etc. — The board of 
president and directors of the St. Louis public schools shall, 
forthwith after this scheme goes into effect, cause an 
enumeration to be taken of all children within school ages 
within in the limits of the city of St. Louis, as herein estab- 
lished, and the county court of St. Louis county shall cause 
forthwith a similar enumeration to be taken within the 
county of St. Louis, outside of the city limits, as herein 
established, showing the enumeration in each school district 
and fractional school district separately, a correct report of 
which enumeration shall be filed by said board and said 
court respectively, in the clerk's office of the circuit court 
of the eighth judicial circuit, within sixty days after this 
scheme and charter go into operation. So much of all 
property of every nature w^hatsoever, and the evidences 
thereof, belonging to the school fund of St. Louis county, 
or of congressional townships affected by the extension of 
the present city limits, as, according to such enumeration, 
falls to the share of the district lying within the limits of 
the city of St. Louis, shall at once pass and be delivered by 
the county court of St. Louis county, or public officers in 



200 FROM THE SCHEME. 

charge thereof, to the board of president and directors of 
the St, Louis public schools, and the residue of all said 
property and the evidences thereof shall pass and be de- 
livered by the present county court of St. Louis county, or 
public officers in charge thereof, to the proper authorities 
of the county cf St. Louis, as constituted by this scheme. 
From and after the date this scheme goes into operation all 
public officers within the city of St. Louis shall account for 
and pay over to the board of president and directors of the 
St. Louis public schools, all fines and penalties and other 
moneys collected within said city, and heretofore payable 
into and forming part of the county school fund of St. 
Louis county. 



Distribution of Scliool fiiud, etc. — " Section 38 provides for an 
enumeration to be made by this Board of all children within school ages 
within the limits of the city of St. Louis, as extended, forthwith after the 
Scheme 2;oes into effect, for the purpose of securing a rateable distribu- 
tion of the county school fund, and further provides that from and after 
t^' ■ date the Scheme goes into operation, all public oflacers within the 
'■ y of St. Louis shall account for and pay over to the Board of President 
\\M Directors of the St. Louis Public Schools all flues, penalties, and 
other moneys collected within said city, and heretofore payable into and 
forming part of the county school fund of St. Louis county." Atty's 
Report, II. Off. Proc. 198. 



FROM THE 



CHARTER OF THE CITY OF ST. LOUIS. 



ARTICLE I. WARD BOUNDARIES. 



Greneral effect of city chai'ter — The Attorney reports to the Board 
the effect of the Scheme and Charter of the City of St. Louis upon the 
interests of the School Board, as follows : 

" The charter of this Board remains intact, except in so far as it became 
necessary to effect changes therein in order to make it harmonize with 
the proposed charter of the city. 

"The changes are in the main the following: 

"1. The Board will consist of one member from each ward instead ' 
two, as heretofore. As by the proposed charter the number of wardi 
more than doubled, with a corresponding diminution in their populatic. 
the representation in this Board will remain substantially the same as 
heretofore. 

"2. As the charter election of the city, under the proposed charter, 
occurs only once in two years, the election for members of this Board has 
been entirely severed from the city charter election, and has been fixed 
for the first Tuesday in October in each year, excepting the present (1876). 

"3. In order to protect residents in the outlying districts from taxation 
in excess of the amounts needed for carrying on the education of children 
resident within the extended limits, the Board is authorized and directed 
in case the tax levied on property within said district is greatly in excess 
of the amount thus needed to remit such excess. 

"All of these provisions will be found in article 13 of the proposed 
charter, which article contains all the proposed modifications of the 
charter of this Board. 

"Ample provision has also been made for the immediate transfer of all 
school property in the extended limits, of every nature whatsoever and 
howsoever held, to this Board, and for the adjustment of all property 
rights between this Board and School Districts, part of which only are 

(201) 



202 FROM THE CITY CHARTER. 

included within tlie city by the proposed exteusioa of its limits. These 
provisions will be found in 36, 37 and 38 of the Scheme, and are deemed 
adequate to meet any contingency that may arise." Atty's Report, II. 
Off.Proc. 141. 

Funds affected by scheme and charter— The attorney reports May 14, 
1878, that the Scheme and Charter went into effect on October 21, 1876, 
but were not declared adopted until December 29,1876. The funds and 
property in which the Board and other school corporations in the late 
county of St. Louis were jointly interested consisted of: 

1. Money in the hands of the late County Collector. 

2. Money in the hands of the late County Treasurer. 

3. School funds loaned by the County Court belonging to the County 
School Capital. 

4. Money loaned by the County Court, belonging to the various town- 
ships affected by the extension of the city limits. 

5. Real estate bought in the County Court on the foreclosure of for- 
feited school loans for the benefit of the various school funds. 

6. School-houses belonging to such school districts as were by the ex- 
tension of the limits cut into two parts, one Ijang inside and the other 
outside of the extended limits. 

The division of the property in the 1st, 3d and 4th classes has been 
accomplished. For a statement of which see II. Off. Proc, pp. 208, 211, 
212, 219, 222, 250, 251, 272, 277, 278, 279, 282, 291, 310 and 422 and also 
III. Off. Proc, pp. 25, 41 and 42. 

The second class consists of property reported by the late County 
Treasurer for which a judgment on his bond for the penalty and $14,- 
337.90 damages was obtained. 

The division of property mentioned in the 5th and 6th classes is in 
course of being made. Atty's Report, III. Off. Proc. 58. See also Report 
of Joint Committee of Lands and Claims and Leasing. III. Off. Proc. 
160. 

Sec. 4, Correction of ward limits — The municipal 
assembly shall, eveiy five years after the adoption of this 
charter, establish corrected ward limits, which correction 
shall be made as near as practicable so as to equalize the 
number of registered voters in each ward ; but in making 
the division the present eastern and western boundaries of 
wards as herein established shall be retained, so that Rosatti, 
Twelfth and Eleventh streets, Jefferson avenue and the 
present city limits shall remain division lines. 

See Act re-establishing ward limits, on page 66 of this compilation. 



FROM THE CITY CHARTER. 203 



ARTICLE ir. ELECTION AND REGISTRATION. 

See provisions of State Constitution, article VIII., and note tiiereto 
(III. Off. Proc. 67), on page 179 of this compilation. See also section 3 
of School Board Charter on page 11 of this compilation. 



Sec. 2. Elections to be by ballot — At all elections for 
executive officers electors shall vote by ballot, printed 
or written on a piece of white paper, with the names 
of the persons voted for and a designation of the office in- 
tended to be filled. Said ballot shall not bear upon it any 
device whatever, nor shall there be any writing or printing 
thereon, except names of persons and the designation of the 
office to be filled, and the number of the ballot placed 
thereon by the judges of election, leaving a margin on either 
side of the printed matter lor substituting names, and a 
plain written or printed caption thereon, composed of not 
more than three words expressing its political character ; 
but on all such ballots the said caption or heading shall not 
in any manner be designed to mislead the voter as to the 
name or names thereunder. Any ballot not conforming to 
the provision of this section shall not be counted. The 
electors shall vote only in the precinct wherein they respect- 
ively reside. Such election shall continue for one day only ; 
the polls shall be opened at six o'clock in the morning and 
be kept open until seven o'clock in the evening, and during 
the day they shall not be closed under any pretense what- 
ever. Special elections to fill vacancies shall he held under 
such regulations, not inconsistent with this article, as may 
be provided by ordinance. 

Sec. 3. Qualifications of electors — Every male citizen 
of the United States, and every person of foreign birth who 
may have declared his intention to become a citizen of the 
United States, according to law, not less than one year nor 
more than five years before he offers to vote, who is over 



f 

204 FROM THE CITY CHARTER. 

the age of twenty-one years, who has resided in this state 
one year next preceding the election at which he offers to 
vote, and during the last sixty days of that time shall have 
resided in the city of St. Louis, and during the last ten days 
of that time in the district at which he offers to vote, who 
has not been convicted of bribery, perjurj', or other infam- 
ous crime, nor directly interested in any bet or wager de- 
pending upon the result of the election, nor serving in the 
United States army, shall be entitled to vote at such elec- 
tions for all officers, state or municipal, made elective by 
the people, or at an}' other election held in pursuance of 
the laws of this state ; but shall not vote elsewhere than in 
the district where his name is registered, and where he is 
registered as a resident. 

Sec. 4. Duty of register — The register shall provide a 
suitable registration book for each election district in the 
city, which shall have written or printed therein the fol- 
lowing oath: '* We, the undersigned, do solemnly swear 
(or affirm) that we will support the constitution of the 
United States and the state of Missouri ; and we do further- 
more swear (or affirm) that we have not registered in 
any other election district ; that we and each of us have 
given our true name and place of residence as hereto 
subscribed." 
* ** ***** 

Sec. 7. Persons entitled to registration — Every person 
having the qualifications of a voter, as prescribed in the 
third section of this article, and who shall take and subscribe 
the oath required of voters by the fourth section of this 
article, and every naturalized citizen who shall subscribe to 
a written statement under oath before the said recorder of 
voters that he is naturalized according to the laws of the 
United States and of this state, and has resided in this state 
and in said city, as required in the third section of this arti- 
cle, and that his naturalization papers, or evidence of his 



FROM THE CITY CHARTER. 205 

citizenship, have been lost or desjtroyed, or that the same 
are not accessible to him, and the place where he was natu- 
ralized, who shall apply for registration thirty days before 
a general election, shall be accepted by the recorder and 
duly registered as a qualified voter in the registration book 
belonging to the election precinct or district in which he 
resides; provided, that every person entitled to register, 
who, from absence, sickness or other good and sufficient 
reason, shall fail to register as above, may at any time not 
less than ten days before any state or city election, be reg- 
istered as a voter : provided further, that any person where 
he olFers to vote may be challenged as disqualified by any 
person who is an elector of this state; and it shall be the 
duty of the judges of the election of such precinct to try 
and determine in a summary manner, before the close of 
the •polls, the qualification of any person challenged as 
aforesaid, and upon proof that the person so challenged is 
not a qualified voter, the judges of election shall reject his 
vote, and they shall state opposite his name on the regis- 
tered list of voters the nature of his disqualification, and the 
names of the witnesses upon whose testimony his vote was 
rejected ; but the vote of no person who may be challenged 
shall be rejected except upon the testimony of two credi- 
ble witnesses. The party challenging the right of any per- 
son to vote shall make oath before the judges of election at 
the time of challenging the vote that, to the best of his 
knowledge and belief, the party (naming him) is not a qual- 
ified voter under this article, and shall also swear to the 
reasons that disqualify him from voting, which statement 
shall be supported by the sworn statement of another cred- 
ible witness. The ballot of such person so rejected shall 
be preserved and returned with the books and other ballots 
in a separate envelope marked *' rejected ballots," and the 
register shall preserve the same in his office; and the 
judges of the election shall (if, in their judgment, the 



206 FROM THE CITY CHARTER. 

public interests require it), report the name of the person 
whose vote was rejected, together with the names of and 
residences of the persons upon whose testimony the same 
was rejected, to the ]3rosecuting attorney of the St. Louis 
court of criminal correction, or any other court of com- 
petent jurisdiction, who shall thereupon proceed against such 
persons as the case may require. 

Sec. 22. Elections subject to general statutes — All 

elections in this city shall be conducted in all respects as 
provided in this article, and subject to all the provisions 
of the general statutes entitled " of elections," so far as 
the same do not conflict with this article, and to an act en- 
titled " an act to provide for the punishing of persons for 
giving or receiving any money or valuable thing to be used 
for electioneering purposes," approved March eighteenth, 
eighteen hundred and seventy-four. 

See this Act above referred to ou page 131 of this compilation. 

Qualification of electors — "The qualificatioa of electors as defined by 
the charter of the Board has become impracticable, as the constitutional 
provisions on which such qualification was dependent have been repealed. 
It may be assumed, therefore, that the above qualification contained in 
the City Charter [section 3, article XL, City Charter, section 1, 
article XIII. is also quoted] are the only qualifications now prescribed for 
the electors of this corporation. 

" It will be seen that no elector can vote elsewhere than in the district 
where his name is registered as a resident. 

"The charter of the Board gives to it power Ho prescribe the time, place 
and manner of conducting the election of members of said Board,' in the 
several wards of the city, and I have no doubt that the Board by virtue of 
this power, if it deems proper, may for the purpose of expediency or econ- 
omy, throw several election precincts into one and thus form new election 
districts." Atty's Opinion, II. Off. Proc. 328. 
*** * **** 

ARTICLE V. REVENUE AND TAXATION. 

Sec. 15. Board of assessors — The city of St. Louis 
shall be assessed, in accordance with the general laws, by 



FROM THE CITY CHARTER. 207 

a board of assessors, consisting of a president of the board, 
to be elected by the qualified votes of the city, and one 
assessor from each assessment district, who shall be ap- 
pointed by the mayor and confirmed by the council, and 
the municipal assembly shall lay off the city into convenient 
assessment districts, and shall have power to alter and 
change the same, as necessity or convenience may require. 

Sec. 16. Bonds of assessors, etc. — The president of the 
board and each of the district assessors, before entering 
upon their official duties, shall give bond and security to the 
state, to the satisfaction of the mayor, with three or more 
solvent securities, freeholders of the city; the said presi- 
dent in a sum not less than twenty thousand dollars, and 
the said district assessors each in a sum not less than two 
thousand dollars, the amount to be fixed by ordinance, con- 
ditioned for the faithful performance of the duties of their 
office, which bonds shall be executed in duplicate, one of 
which shall be forwarded to the state auditor, and the other 
be deposited with the register of the city of St. Louis. It 
shall be the dut}' of the district assessors to assess the prop- 
erty within the districts for which they were appointed, under 
the direction and superintendence of the president, in the 
manner provided by law. They shall commence tlieir assess- 
ment on the first day of August in each year, and complete 
the same and make their final report to the president on or 
before the first Monday in January following. Each report 
shall be verified by the affidavit thereto of the assessor mak- 
ing it, that he made the assessment contained in his report 
impartially and correctly, to the best of his ability and 
judgment and uninfluenced by fear of or favor by, or toward 
any one. 

Sec. 17. Qualifications of an assessor — The president 
of the board of assessors shall be of the age of at least thirty 
years, and have been a resident freeholder within the city 
for at least seven years next before his qualification; and 



f 

208 FROM THE CITY CHARTER. 

each district assessor shall have been a resident freeholder 
within the city for at least five years next before his quali- 
fication, or competent for his duties from actual service as 
an assessor of real estate in the city of St. Louis for 
taxation. 

Sec. 18. Duties of president of board of assessors — 
It shall be the duty of the president of the board to super- 
intend the work of the district assessors and the assessment 
of the entire city, to see that they faithfully discharge their 
duty, and, as far as possible, make the assessment uniform 
and equal throughout the city. He shall take the entire 
charge of the assessor's office, and all maps, plats, books, 
papers and furniture, etc., belonging to the said office. 
He shall be accountable for all such plats, and shall 
not permit any one of them, under any pretense whatever 
to be removed from the office except those which may be 
required by the district assessors for the assessment of their 
allotted districts. He shall use all proper care and dili- 
gence to preserve all maps, plats, books and papers be- 
longing to the office from injury, and shall hold the district 
assessors responsible for the return, in good condition, of 
all plats that may be furnished to them. He shall alter and 
correct the office plats, and all plats used by the district 
assessors, as required by law. He shall furnish the district 
assessors with all plats, blanks, stationery, instructions, 
and all information that may be needed by them for the 
proper assessment of their respective districts. He shall 
receive the return of property of those upon whom the 
district assessors have ordered notice, except in those cases 
where the district assessors make personal service, and shall 
administer the oath required by law. He may appoint one 
or more of the clerks in his office as deputies, and he or 
they shall be authorized to administer the oath. He shall 
furnish paper, blanks and all necessary information to per- 
sons desiring to make appeal from the assessment of the 



FROM THE CITY CHARTER. 209 

district assessors. He shall, in person, be at his office every 
working day during office hours, except when engaged in 
his duties as assessor, or absent on leave, and shall furn- 
ish information on all matters pertaining to the assessment 
of property. 

Sec. 19. Assessment books, liow made up — When 
the district assessors shall have completed their assess- 
ments, said president of the board shall make up the as- 
sessment books in proper alphabetical order from the plats 
and returns made by said district assessors, from the return 
of property holders to the assessor's office, and from the 
best information he can otherwise obtain, so that said as- 
sessment books shall be as nearly as possible a full and 
complete assessment of all taxable property in the city, the 
same to be completed on or before the third Monday in 
March of each year. 

Sec. 20. Notice to be given of completion — As soon 
as said books are completed, the president of the board 
shall give one week's published notice in the daily news- 
papers — one of which shall be printed in German — that 
said books are open for inspection, and stating the time 
when the board of equalization will be in session. 

Sec. 21. Duty of recorder of deeds — The recorder of 
deeds of the city of St. Louis is hereby required to deliver 
to the president of the board of assessors, from day to 
day, when required of him, and the day after the same 
shall have been recorded and compared, all deeds and other 
instruments in writing, filed in his office, by which any 
change of ownership is made in any of the real estate of 
the city of St. Louis, and the president of the board shall, 
without unnecessary delay, make such changes upon the 
plats in his office as said deeds and other instruments may 
require, and forthwith return such deeds and other instru- 
ments to said recorder. 

Sec. 22. What property to be assessed as agricultural 
14 



I 

210 FROM THE CITY CHARTER, 

lands — Lands within the limits of the city, which have not 
been laid off into blocks or lots, shall not be assessed or 
taxed otherwise than by the acre as agricultural lands, and 
shall continue to be so assessed and taxed until laid off into 
blocks or lots by the owners thereof respectively. 

Sec. 23. Costs and expenses, how paid — All the costs 
and expenses of the assessment shall be allowed and paid 
by the city of St. Louis in the same manner as other de- 
mands against the city are allowed and paid, and when the 
aggregate for each year's assessment shall have been ascer- 
tained, the auditor of St. Lou,is shall certify the same to the 
state auditor, whose duty it shall be to draw his warrant 
in favor of the city of St. Louis for one-half of said assess- 
ment, as provided by law. 

Sec. 24. Board of equalization — There shall be a 
board of equalization, consisting of the president of the 
board of assessors, who shall be president thereof, and 
four discreet and experienced real estate owners of the city 
of St. Louis, of a prior residence therein often years, who 
shall be appointed by the judges of the circuit court of 
the eighth judicial circuit on the second Monday of March 
annually. The duty of said board shall be to adjust, cor- 
rect and equalize the valuation of real estate and perso'nal 
property in said city. It shall meet on the third Monday 
in March ainiually, and shall remain in session for four 
weeks, if business requires it and no longer. Said board shall 
hear and determine all appeals in a summary manner, shall 
adjust and correct the assessment books accordingly, shall 
determine as far as possible whether the property has been 
assessed at the true cash value, and in just proportion to the 
assessed value of the other property in the city similarly 
situated, and to this end shall increase or diminish the as- 
sessment on any property, real or personal, or mixed. If 
they propose to increase the assessment in any case, they 
shall cause notice thereof to be served upon the owner, 



FROM THE CITY CHARTER. 211 

agent or representative thereof, if within the citv, who shall 
have the riglit to be heard upon such proposed increase. 
The said board shall have power to send for persons or 
papers, and to compel the attendance of witnesses, and to 
this end the sheriff of the city shall execute such process as 
may be issued by it. The majority of said board shall con- 
stitute a quorum, and a majority of those present shall de- 
termine all matters of appeal or revision, or correction of 
values. The compensation of the members of the board 
shall be fixed by ordinance, but the president shall receive 
no compensation as such member. The members of such 
board, before entering upon the duties of their office, shall 
take and subscribe an oath similar to that required of 
county Iioards of equalization. 

Sec. 25. Record of proceedings — Said board shall keep 
a complete record of all its proceedings and deliver the 
same to the said president to be kept as a record in his 
office. 

Sec. 26. Abstract of corrected assessment books — 
After the assessment books have been corrected, the presi- 
dent of the board shall make out a fair copy of the same, 
and shall make an abstract of said books, showing the 
amount of the several kinds of property assessed, and speci- 
fying the amount of value of all property within the present 
boundary line of the city, the amount of value of all property 
in the extended limits, and the aggregate value of all property 
within the city limits as established by this charter, and add 
thereto his certificate that the same contains- a true and 
correct list of all taxable property of the city of St. Louis 
so far as he has been able to ascertain the same. One copy 
of the abstract, verified by his oath, shall be delivered on or 
before the fourth Monday in May to the Mayor of St. 
Louis, and another copy to the state auditor. He shall add 
upon the assessment books the state and school taxes re- 
quired by law to be levied, and also add, in accordance 



I 

212 FROM THE CITY CHARTER. 

with a certified copy of an ordinance from the municipal 
assembly, all municipal taxes set forth in said ordinance, 
and shall then cause to be made out tax bills ag-ainst the 
persons assessed, setting forth in said bills the name of 
the person, the description of the property, and the 
several taxes thereon, the name of the owner, lessee or 
agent of the property assessed, and their number or place 
of residence or business, and such other information as may 
facilitate the collection of such tax bills. He shall deliver 
said bills, with an abstract of the same and with a copy of 
the assessment books, to the comptroller, who shall com- 
pare said bills with the abstract, test the footings thereof, 
and then shall officially stamp said l)ills and deliver the 
same, with the abstract, to the collector and take his sep- 
arate receipts therefor: First, for the aggregate of said 
bills ; second, for the amount of the state taxes, which last 
receipt the said comptroller shall transmit to the state 
auditor. 

Sec. 27. Ordinance fixing percentage of taxes — On or 
before the fourth Monday in May in each year, the municipal 
assembly shall cause to be delivered to the president of the 
board of assessors, a certified ordinance establishing the 
percentage of taxes for the current year. 

Sec. 28. Correction of errors in assessments — The city 
comptroller is authorized and empowered to hear and de- 
termine all allegations of manifest errors in the assessment 
of lands for taxes, and in all cases when it shall appear that 
lands have been erroneously taxed, and the said comp- 
troller shall cause the same to be corrected on the assess- 
ment books, and shall certify to the state auditor all such 
corrections to be credited to the collector. 

Sec. 29. Delinquent taxes — And the said comptroller is 
further authorized and empowered to discharge all the 
duties and perform all the acts within the city limits, in 
regard to the " land delinquent list," the *' sale of land 



FROM THE CITY CHARTER. 213 

for taxes," and all other matters relating to the assessment 
books and tax bills, that are imposed on the county court 
in the general law. 

Sec. 30. Bond of city collector — The collector of the 
city of St. Louis, before entering upon the discharge of the 
duties of his office shall give bond and security to the state, 
to the satisfaction of the mayor, in a sum provided by law 
and ordinance, conditioned that he will faithfully and punc- 
tually collect and pay over all state, school, municipal and 
other revenues, during the time he shall be in office, and 
that he will, in all things, faithfully perform all the duties 
of the office of collector according to law. The official bond 
required in this section shall be signed by at least five sol- 
vent securities, free holders within the city, and be executed 
in duplicate, one of which shall be deposited with the regis- 
ter and the other transmitted by the register to the state 
auditor, who shall carefully examine the same, and if it ap- 
pear to his satisfaction that the bond is insufficient, he and 
the mayor shall require such collector to give additional 
bond, and if he fail to give such additional bond within ten 
days after he shall have been notified, his office shall be 
declared vacant. Said bond, when approved and recorded, 
shall be a lien against the real estate of such collector un- 
til he shall have complied with the conditions thereof. If 
the collector shall neglect or refuse to give such bond for 
fifteen days after his election, his office shall be declared 
vacant, and an election shall be ordered to fill the vacancy. 

Sec. 31. Collector to collect all revenues except water 
rates — The collector shall collect all revenues derived from 
all other sources, which may be levied by law or ordinance 
within the city of St. Louis, except water rates, and keep a 
detailed account of all his collections, from all the different 
sources of revenue and taxation respectively. All collec- 
tions made, belonging to the city, shall be paid into the city 
treasury daily, and triplicate receipts taken therefor, show- 



I 

214 i^ROM THE CITY CHARTER. 

ing from what the money proceeds, and the account to which 
it is placed, one of which shall be filed with the auditor, 
and one with the comptroller. 

Sec. 32. Rebate on tax bills — On all tax bills for real 
and personal property, on the assessment books, which 
shall be paid to the collector, on or before the first day of 
October in each year, allowance or rebate shall be made on 
the city taxes on said bill, to the person or persons making 
such payments, at the rate of eight per centum per annum 
fi'om the date of such pajnnent to the thirty-first of Decem- 
ber following, and the amount of such allowance or rebate 
shall be credited to the account of the collector, and charged 
to the respective revenue accounts. 

Sec. 33. Collector may appoint deputies — The col- 
lector may appoint deputies, by an instrument in writing 
duly signed, and mtiy also revoke an}^ such appointment at 
pleasure, and may require bonds or other securities from 
such deputies to secure himself; and each such deputy shall 
have like authority in every respect to collect the taxes 
levied or assessed within the city or any part thereof which 
by law is vested in the collector himself ; but the collector 
shall, in every respect, be responsible to the state, city, 
individuals, companies and corporations, as the case may 
be for all moneys collected, and for every act done by any 
of his deputies whilst acting as such, and for any omission 
of duty by such deputy. Any bond or security taken from 
a deputy by the collector shall be available to such collec- 
tor, his representatives and securities, to indemnify them 
for any loss or damage arising from any act of such deputy. 

Sec. 34. Power of collector — The said collector is au- 
thorized, empowered and directed to discharge all the duties 
and perform all the acts in relation to the collection of the 
revenue, within the city limits, that the county collector is 
now required and authorized by law to do. 



FROM THE CITY CHARTER. 215 



ARTICLE XIII. — SCHOOLS. 

Section 1. Organization and constitution of board — 

The board of president and directors of the St. Louis 
public schools shall consist of as many members as there 
are wards in the city. The directors shall hold their offices 
for three years and until their successors are elected and 
qualified, except as hereinafter provided. They shall be 
elected by the qualified voters of their respective wards at 
an election held for that purpose on the first Tuesday in 
October of each year. The present directors shall hold 
their offices until the first Tuesday in October, eighteen 
hundred and seventy-seven, and until their successors are 
elected and qualified. Directors of said board from the 
twenty-third, twenty-fifth, twenty-sixth, twentj^-seventh, 
and twenty-eighth wards of the city shall be elected at the 
general state election in November, eighteen hundred and 
seventy-six. On the first Tuesday of October, eighteen 
hundred and seventy-seven, one director of said board from 
each ward shall be elected by the qualified voters thereof. 
At the first regular session of the board after said election 
in October, eighteen hundred and seventy-seven, the board 
shall divide itself by lot into three classes as nearly equal 
in number as practicable. The term of members belonoinof 
to the first class shall expire in October, eighteen hundred 
and seventy-eight ; of those belonging to the second class, 
in October, eighteen hundred and seventy-nine; and those 
belonging to the third class, in October, eighteen hundred 
and eighty ; and on and after the first Tuesday in October, 
eighteen hundred and seventy -eight, as near as practicable, 
one-third of all the members of the board shall be elected 
each year. 

Sec . 2 . City oflacers to assess school taxes — The offi- 
cers of the city of St. Louis directed by this charter to 



216 FROM THE CITY CHARTER. 

assess and extend the state and city taxes, and to perform 
other duties relating thereto, shall perform the same duties 
in regard to taxes levied hy the board of president and 
directors of the St. Louis public schools. 

Sec. 3. City collector to collect taxes — to give bond — 
The collector of the city of St. Louis shall collect all taxes 
levied by the board of president and directors of the St. 
Louis public schools. Said collector shall give such bond, 
for the faithful performance of his duties, to said board, 
and account for and pay over to said board in such man- 
ner and at such times, all school taxes collected by him, as 
the collector of St. Louis county was required to do under 
the laws heretofore in force. 

Bond of collector— " The law to which reference is herein made is the 
act approved December 19, 1865 [Laws Mo. Adj. Sess. 1865, p. 271. See 
this act on page 34 of this compilation], being an act amendatory 
of an act revising the laws concerning the revenue of the St. Louis 
Public Schools, which act, among other things, provides that, ' the 
collector shall enter into bond to the corporation in such sum as 
the Board may require, with good and sufficient securities, to be ap- 
proved by the Board,' etc.; and further, ' that he shall pay over to the 
Board, at least once in every month, and oftener, if required in writing 
by the President of the Board, all moneys collected by him to which said 
Board shall be lawfully entitled.' " 

"The bond of the County Collector was, under this law fixed by the 
Board in the penal sum of two hundred thousand dollars by resolution, 
and he was required to account and pay over once in every two weeks." 
Atty's Report, II. Off. Proc. 294. 

Sec. 4. Rate of school taxes to l>e fixed by board — 

The board of president and directors of the St. Louis pub- 
lic schools shall determine the rate of taxation for each 
year by resolution, a copy of which, duly certified accord- 
ing to law, shall be handed to the collector of the city of 
St. Louis, and to the register of said city, on or before the 
first day of August in each year. 

Sec. 5. Excess of school taxes in extended limits, to 
be remitted. — If the proceeds of taxes levied by the board 



FKOM THE CITY CHARTER. 217 

of president and directors of the St. Louis public schools 
in any one year, on property in the different wards within 
the newly extended city limits, should prove to be greatly 
in excess of amounts needed for the purpose of properly 
carrying on the education of children residing within such 
extended limits, then said board shall by resolution remit 
such excess. A copy of such resolution, properly authen- 
ticated, specifying the percentage remitted in the respective 
wards, shall be filed by the secretary of said board with the 
comptroller of the city of St. Louis, who shall, in extend- 
ing the tax, make a deduction equal to such percentage of 
all taxes levied for school purposes on such property. 



FROM THE 

ORDINANCES 

OF THE 

CITY OF ST. LOUIS 



SIXTEENTH SECTION COMMISSIONERS. 

AN ORDINANCE in relation to the duties of tlie Comptroller in connec- 
tion with sale of lands in fi'actional section sixteen, township forty-five 
north, range seven east, and directing the Commissioners of said section 
to pay the proceeds of sale of land into the City Treasury. [City of St. 
Louis, Ord. 11,062.] 

Whereas, the Commissioners appointed by the County 
Court of St. Louis County, under the provisions of the act 
of the Legislature of the State of Missouri, approved 
March third, eighteen hundred and fifty-one, are required 
by said act to submit their action to the Count}"^ Court for 
its approval, and also to pay all money arising from the 
sale of the lands in fractional section sixteen, township 
forty-five north, range seven east, into the County Treas- 
ury, and, whereas, it is further provided in said act that the 
County Court may allow to said Commissioners all neces- 
sary expenses in prosecuting or defending suit, surveying 
and platting the land, and for advertising and selling the 
same, to be paid out of the proceeds of such sale; and, 
whereas, by sections twenty-four and thirty-four of the 
scheme for the separation of the City and County of St. 
(218) 



FROM THE CITY ORDINANCES. 219 

Louis, it is provided that the Municipal Assembly shall 
have power within the City of St. Louis to do all acts and 
perform all functions not otherwise provided for in the 
Charter and not inconsistent with its terms, which have 
heretofore been done and performed by the County Court of 
the County of St. Louis, and also that the Municipal Assem- 
bly shall have the power to enact all ordinances that may be 
necessary to carry into execution the laws relative to State, 
county, city and other revenue within the City of St. Louis 
as enlarged, and that such powers as are vested by law in 
the County Court of St. Louis County may be exercised by 
such tribunals and officers as may be provided by ordinance. 
Now, therefore, • 
Be it ordained by the Municipal Assembly of the City of 

St. Louis, as follows: 

Section 1. All the powers and duties which devolve 
upon the Municipal Assembly, as the legal successor of the 
County Court of St. Louis County, rehiting to the sale 
of or compromise with adverse claimants to the lands of 
fractional section sixteen, township forty-five north, range 
seven east, by the Commissioners appointed under the act 
of the Legislature of the State of Missouri, approved March 
third, eighteen hundred and fifty-one, are hereby conferred 
upon and shall be exercised by the Comptroller of the City 
of St. Louis in relation to said matters. 

Sec. 2. Whenever the said Commissioners may agree 
upon terms of sale or compromise with adverse claimants 
to lands in said section sixteen, they shall submit their re- 
port in writing to the Comptroller for approval, and if he 
approves the same, deed may be executed accordingly. 

Sec. 3. The Comptroller may allow to said Commission- 
ers all necessary expenses in prosecuting and defending 
suits, payment of special taxes, surveying and platting the 
land for advertising and selling the same, and for all other 
necessary expenses connected with the trust. 



220 KKOM rilK (M rv t>K*niNAN0K8. 

Sec. l. Tlu' saiil C\unmi.><su)iiort* aro horobv authorized 
and dircotod to pixy any and all nionovs arisinii; from salos 
inado of said land or I'onipromiso in rolation thoroti> intt) 
tlio Oity Troasnrv. tirst. lu)\vovor, dodnoting' thorol'rom such 
necessary o\j>tM\sos in prosooutinn" or defondiuij suits, pay- 
monf of special taxes, surveying and plattinu" the land for 
advortisiuii' and selling the same, and for such other neces- 
sary expenses connected with the trust as shall he allowed to 
said commissioners by the Comptroller of the City of 8t. 
Louis. 

Approved Ai>ril A, I87i). 

nUll.DlNO OKDTNANCE AMENPKn. 

AN ORDINANCE aniendatiu-y of ehajUer eleven of "An 
ordinance in revision of the ordinances o\' the Citj'' of St. 
Louis and for the government of said city," approved ISIarch 
twenty-ninth, eighteen hundred and eighty-one, and trans- 
ferring a portion ot the duties o{ the Chief of the Fire 
Department to the Commissioner of Public Buildings. 
[City of St. Louis, Ord. li>.0-27.] 

Be it ortfauu'in)^/ the Muuicipa} Assembh/ of the City of 
iSt. LoiiiSy an foUoics : 

Section \. Amoudiu^- Chapter eleven, Kevised Or- 
dinances — Ordinance number eleven thousand six hun- 
dred and sixty-eight, entitled "An ordinance in revision of 
the ordinances of the City of St. Louis and for the govern- 
ment o{' said city," approved March twenty-ninth, 
eighteen hundred and eighty-one, is hereby amended bv 
striking out articles two, three, four, tive and six of chapter 
eleven, and inserting in lieu thereot', the following: Arti- 
cle two — Of the inspection of buildings. 
** *** *<ji((f 

Skc. 2L Fire-proof shutters — All the st(>res or store- 



FROM THK CITV OKDINANGES. 221 

houses, or other buildings, which iirc inoro th.-in two stories, 
or above thirty feet in hoigiit above the curb UjvoI, that 
may be hereafter built in the City of St. Louis, except 
dwelling houses or churches, shall have doors, blinds or 
shutters made of firo-proof metal on every window and 
opening above the first story, except where said 
openings and windows look out upon streets. When 
in any such l)uildingthe shutters, blinds or doors cannot be 
put on the outside of such door or window, they shall bo 
put on tlie inside; and every such door, blind or shutter 
shall be closed upon the completion of the business of each 
day by the occupant having the use or control of the same. 
And all fire-proof-shutters or blinds that now are, or may 
hereafter be put upon any building, must be so constructed 
that they can be closed and ()})ened from the outside above 
the first story. 

* » * •* * * * •# 

Sec. 28. Hall doors, «^tc., of public I)nil<liii}»s — In 
all buildings of a public character already erected or here- 
after to be built in the city of St. Louis, such as hotels, 
churches, theaters, school-houses, flats, restaurants, railroad 
depots, public halls and other buildings used or intended 
to be used for purposes of public amusement or instruction, 
the halls, doors, stairways, seats and aisles shall be so ar- 
ranged as to facilitate egress in case of fire or accident, 
and to afford the requisite and proper accommodation for 
the public protection in such cases: and all aisles and pas- 
sage ways in said buildings devoted to purposes of amuse- 
ment or instruction shall be wide and capacious and shall 
be kept free from camp-stools, chairs, sofas and other ob- 
structions during any performance, exhibition, lecture, 
concert, ball or any public assemblage : and all doors of 
exit leading from any assembly-room, where crowds do 
congregate, shall be so hinged as to open both inwards and 
outwards from the room or rooms. The main or principal 



I 

222 FROM THK CITY ORDINANCES. 

stairwa}' of all tenement houses and flats containing more 
than twenty rooms above the first story ; also all public 
halls, theaters, hotels and factories of all kinds shall here- 
after be constructed of iron or other incombustible material, 
and in addition thereto, there shall also be arranged (where 
said buildings above specified are more than two stories in 
height) in any place easy of access, in case of fire, a sta- 
tionary iron ladder escape of suitable construction, with 
hand and foot bars running parallel the whole length of 
the building on the side where it is placed, and extending 
from the ground to the top. 

»** * **«» 

Sec. 31. Penalty for riolation of article II — Any 
person or persons violating the provisions of this article 
shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof, be fined not less than ten dollars, nor more 
than five hundred dollars : and for each day such violation 
shall continue after notice has been given by the Commis- 
sioner of Public Buildings, or during which the person or 
persons so notified shall neglect or refuse to comply with 
the provisions of this article, there shall be an additional 
fine of fifty dollars, except in the case provided for in sec- 
tion twenty-nine of this article. 

Section 29 has a penalty of its own contained in it. 

Approved April 1, 1^82. 



PENALTY FOE VIOLATION OF ARTICLE III. 

'City of St. Louie, Ord. 12,027.] 

Sec. 17. Penalty — Any violutions of the provisiou^ oi 

this article for which a penalty h not provided, shall be 

deemed a mi«deajeatt»r, and the person, j»ersone, eopart- 

nersiiTp, or oorportBtkni gwiitjr tlMreof , shall oa convictiou 



FROM THE CITY ORDINANCES. 225 

thereof, be fined in a sum not less than fifty nor more than 
five hundred dolhirs, before the court or courts having com- 
petent jurisdiction, to be collected or paid as hereinbefore 
provided. 

This section is not amended by ordinance 12,798 and therefore is in 
force as it appearstabove. 



BUILDING ORDINANCE FURTHER AMENDED. 

AN OEDINANCE AMENDATORY OF Ordinance No. 
11,668, entitled " An ordinance in revision of the ordinances 
of the City of St. Louis and for the government of said 
city^" approved March 29, 1881, as amended by ordinance 
No. 12,027, approved April 1, 1882, in relation to the con- 
struction and inspection of buildings. [City of St. Louis, 
Ord. 12,7i)8.] 

Be it ordained hy the Municipal Assembly of the City of 
St. Louis, as follows : 
**** **** 

Sec. 2. Said ordinance No. 11,668, as amended by ordi- 
nance No. 12,027, is herebv amended bv strikins: out 
Sections four, five and ten of Article III., Chapter XI. and 
substituting in lieu thereof the following: 

Section 4. Width of aisles, etc. — In all theatres, halls, 
and other buildings used as places of public amusements, 
and in all churches and school houses where a stage or 
platform now is or may hereafter be erected, the seats shall 
be located in rows not less than thirty-two inches from 
back to back, if ordinary seats, benches or chairs be used, 
but if the seats adopted be those having a folding seat, thej 
may be placed so as to measure not less than fifteen inches 
horizontal measurement from the back of one row to a lin« 
drawn across the ftx>nt of the arms of the row next behjind, 
the measurements in all cases tt> be from centres of chair 



224 FROM THE CITY ORDINANCES. 

backs. Each floor capable of holding one hundred and 
fifty persons or less shall have an aisle not less than four 
feet in width, running centrally through the rows of seats 
from the stage to places of egress, and as many additional 
aisles, not less than three feet in width, as may in the judg- 
ment of the Commissioner of Public Biiildinofs be deemed 
necessary for the protection of the lives of persons visiting 
the same. Floors capable of holding one hundred and 
fifty to three hundred persons, shall have an aisle not less 
than four feet in width, running centrally through the rows, 
and- an aisle not less than three feet wide on each outward 
side with separate exits from each and every aisle from the 
floors, and an aisle not less than four feet wide in addition 
to the above, shall be provided where the floors will seat 
one hundred persons in excess of the above number ; all 
aisles shall be kept clear and unobstructed towards the 
different places of egress, and all seats shall be located in 
rows, to which such aisles shall conform. 

Sec. 5. Additional stairways and fire escapes — It shall 
be the duty of the Commissioner of Public Buildings to 
give notice to owners, keepers or lessees of all public the- 
atres, halls or concert rooms at present in the city, now 
used or to be used as places of public resort, and of all fac- 
tories employing thirty or more persons, if such factory be 
more than two stories in height, and of all offices, store or 
business buildings wherein more than fourteen persons are 
employed above the second floor, and of all school, asylum 
and hospital buildings, and all tenement buildings more 
than two stories in height or which are occupied by more 
than ten families, that they shall, within sixty days after 
being so notified, have built and erected on the exterior 
front and sides of such buildings, where practicable, per- 
manent and substantial iron balconies at each and every 
floor, ten feet or more above the level of the sidewalk with 
iron stairs at each and leading from one balcony to the 



FROM THE CITY ORDINANCES. 225 

other, also on the inside of said buildings, such additional 
halls, passages and stairways, not less than six feet in width, 
from each and every floor not on a level with the sidewalk, 
as will afford the audience efficient means of escape directly 
to the outside of said buildings, and of sufficient capacity to 
allow the audience of said public theatres, halls and concert 
rooms to pass out in case of fire' or panic, or from any other 
cause in not more than five minutes time. All stairways 
now used, or hereafter to be constructed in buildings used 
at present as places of public amusement, shall be closely 
boarded or panelled on the outer side to the height of not 
less than three feet. No baluster shall be permitted to re- 
main on any stairways in buildings used as places of public 
amusement or resort, and on all stairways strong and per- 
manent hand rails shall be fixed on the wall side : and in 
each of said theatres now or hereafter to be constructed, 
there shall be placed, under the direction of the Commis- 
sioner of Public Buildings a fire proof curtain of wire-gauze 
or metal, which shall be maintained in proper working or- 
der and shall be lowered within one hour before each per- 
formance and between each act ; and during all performances 
there shall be constantly stationed in charge of said fire- 
proof curtain a man whose sole duty it shall be to attend to 
raising and lowering the same. All partitions for rooms or 
passages in theaters if not made bodily fire-proof shall be 
plastered on both sides on wire or iron lathing. All thea- 
ters or other places of amusement having a seating capacity 
of over five hundred persons, and having a platform or 
stage and using drop curtains or shifting scenery, shall have 
a suitable ventilator placed upon the roof and opening to 
the space above the stage. Such ventilator shall be ar- 
ranged with valves or shutters that can be readily opened 
in case of fire, so that a current of air will pass over the 
stage and outward through such ventilator. Any other 
contrivance having the same effect and approved by the 

15 



226 FROM THE CITY ORDINANCES. 

Commissioner of Public Buildings may be used instead of 
the ventilator above described. 

Any failure or neglect on the part of any person, persons, 
copartnership or corporation to comply with the written 
instructions or requirements of the Commissioner of Public 
Buildings issued under the provisions of this section, shall 
be deemed a misdemeanor, and the person, persons, copart- 
nership or corporation guilty thereof shall on conviction 
thereof be fined in a sum not less than one hundred dollars 
nor more than five hundred doUars, and an additional fine 
of fifty dollars per diem to be imposed for every day during 
which said requirements or instructions remain unfulfilled, 
before any court or courts having competent jurisdiction in 
the premises ; to be collected or paid as hereinbefore 
provided. * * * 

Approved March 29, 1884. 



ACTS OF CONGRESS. 

Appropriation of Vacant Lands in the Village of St. 

Louis, etc. 



An Act making further provision for settling the claims to land in the ter- 
ritory of Missouri. [2 U. S. Stats, at Large, 748.] 

Rights to certain lots adjoining certain towns, con- 
firmed — Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Congress 
assembled, That the rights, titles and claims, to town or vil- 
laoje lots, out lots, common field lots and commons, in, 
adjoining and belonging to the several towns or villages of 
Portage des Sioux, St. Charles, St. Louis, St. Ferdinand, 
Village a Robert, Carondelet, St. Genevieve, New Madrid, 
New Bourbon, Little Prairie and Arkansas, in the territory 
of Missouri, which lots have been inhabited, cultivated or 
possessed, prior to the twentieth day of December, one 
thousand eight hundred and three, shall be and the same are 
hereby confirmed to the inhabitants of the respective towns 
or villages aforesaid, according to their several right or 
rights in common thereto : Provided, that nothing herein 
contained shall be construed to affect the rights of any per- 
sons claiming the same lands, or any part thereof, whose 
claims have been confirmed by the board of commissioners 
for adjusting and settling claims to land in the said terri- 
tory. And it shall be the duty of the principal deputy sur- 
veyor for the said territory as soon as may be, to siirvey, 

(227) 



228 ACTS OF CONGRESS. 

or cause to be surveyed and marked, (where the same has 
not already been done, according to law) the out boundary 
lines of the said several towns or villages so as to include 
the out lots, common field lots and commons, thereto re- 
spectively belonging. And he shall make out plats of the 
surveys, which he shall transmit to the surveyor general, 
who shall forward copies of the said plats to the commis- 
sioner of the general land-office, and to the recorder of land 
titles ; the expense of surveying the said out boundary lines 
shall be paid by the United States out of any moneys ap- 
priated for surveying the public lands ; Provided^ that the 
whole expense shall not exceed three dollars for every mile 
that shall be actually surveyed and marked. 

Sec. 2. Reservation of other lands for tlie support of 
schools — And be it further enacted^ That all town or vil- 
lage lots, out lots, or common field lots, included in such 
surveys, which are not rightfully owned or claimed by any 
private individuals, or held as commons belonging to such 
towns or villages, or that the President of the United States 
may not think proper to reserve for military purposes, shall 
be, and the same are hereby reserved for the support of 
schools in the respective towns or villages aforesaid : Pro~ 
vided^ that the whole quantity of land contained in the lots 
reserved for the support of schools in any one town or vil- 
lage, shall not exceed one twentieth part of the whole lands 
included in the general survey of such town or vil- 
lage. * * * 

Approvrd, June 13, 1812. 

The lands granted by the above act are now [September 12, 1876], 
under the exclusive control and management of the School Board. 
Atty's OpiQion, II. Off. Proc. 157. 

Right of disposal of U. S. lands granted schools— [Opinion of Att(«-- 
ney given before the passage of Permanent Fund Act, approved May 16, 
1879, see page 59]. " On an examination of the act of Congress giving 
the out-lots to this Board, that is, to the State, which were afterwards 
conveyed by the State to this Board, and the act of Congress mafcing the 



ACTS OF CONGRESS. 229 

grant in the Grand Prairie Common Fields, as well as tlie act of 1820, 
granting tlie sixteenth section in each of these townships, I thinlc they 
clearly leave it to the Board to dispose of these lands and apply the 
proceeds as in their wisdom tney think best for the purposes of educa- 
tion. I find nowhere in those acts, or in any of the acts passed by the 
Legislature of Missouri, any limitation. On examining the acts of the 
General Assembly with reference to the sale of the 16th sections, especi- 
ally the 16th section of township 45, range 7 east, I find that the language 
used is clearly that that part of the proceeds which was to be paid to the 
township was coupled with a limitation ; that it was to be Invested and 
only the income used, while that part which was to be paid to this Board 
was to be paid over to it to be used without limitation. So far as that 
portion of the real estate is concerned, I find in none of the acts any limi- 
tation imposed by the Board. * * * To sum up, I think that that part 
of the real estate which prior to the adoption of the Scheme and Charter 
was held by this Board, may be disposed of as the Board shall see fit; the 
money or property derived from the county school capital should be held 
sacred as a fund and securely invested, and the income of such fund only 
should be used." Atty's Opinion, III. Off. Proc. 180. See also Atty's 
Opinion, III. Off. Proc. 349. 

Treaty and legislation recognize titles to school lands — The State 
of Missouri was formerly a part of the territory of France, next of Spain, 
then of France, who ceded it to the United States by the treaty of 1803, 
in full propriety, sovereignty and dominion as she had acquired and held 
it [Foster v. Neilson, 2 Pet. 253] ; by which this government put itself in 
place of the former sovereigns, and became invested with all thsir rights, 
subject to the concomitant obligations to the inhabitants. Both were 
regulated by the law of nations, according to which the rights of property 
are protected, even in the case of a conquered country; and held sacred 
and inviolable when it is ceded by treaty, with or without any stipulation 
to such effect ; and the laws, whether in writing, or evidenced by the 
usage and customs of the conquered or ceded country, continue in force 
until altered by the new sovereign. 

By various acts of legislation the United States has recogaized the 
laws, usages and customs of Spain to be legimitate sources of title; and 
by the act of 1812 confirmed to the inhabitants of St. Louis, and other 
villages, according to their several rights or rights of comm )n thereto, 
the rights, titles and claims to town or village lots, out-lots, common 
field lots, and commons, in, belonging or adjoining to the same, which titles 
depended on parol grants and local customs. Strother v. Lucas, 12 Pet. 
410. See, also, Delassus ?;. The United States, 9 Pet. 117; Wherry y. 
The United States, 10 Pet. 338; Mackey v. The United States, 10 Pet. 340; 
Chouteau v. The United States, 9 Pet. 137. 

The act of Congress pessed June 13, 1812, confipming the title and 
claims of certain towns and villages to village lots and commons, gave a 



f 

230 ACTS or CONGRESS. 

title which is paramouut to a title l:eld uuder an old Spanish concession 
conflrmed by Congress in 183(i. Chouteau v. Eckhart, 2 How. 344. 

To perfect title — The steps necessary to perfect a title to lands 
granted by the United States by the act of June 13, 1812, and acts amend- 
atory thereto are discussed at length in a decision rendered by the Mis- 
souri Supreme Court in the case of Kissellv. Board, etc., St. Louis Public 
Schools (16 Mo. 563), and in Eberle v. Same (11 Mo. 247). 

Section 2 does not pass title — The second section of the act of Con 
gress of June 13, 1812, which reserves vacant lots for the use of schools, 
does not pass the legal title to the property so reserved, from the United 
States. Under this section, the power to determine in favor of an in- 
dividual that he is the rightful claimant of a lot, and that it is not em- 
braced in the reservation, is retained by the Government. A certain 
claim having been conlirmed by the act of April 2i), 181G, the fee passed 
by that act, and the reservation for the use of schools no longer applied 
to the property, (citing Vasseur v. Benton, 1 Mo. 300 ; Strother v. Lucas, 
12 Pet. 410; Newman v. Lawless, 6 Mo. 279; Gurno v. Adm'r of Jarvis, (i 
Mo. 330). Hammond v. St. Louis Public Schools, 8 Mo. (55. 

Occupancy not necessary under section 2 — The tirst section of the 
act of Congress of June 13, 1812, disposes of all lots, which had been in- 
habited, cultivated or possessed prior to Decembei-, 1803, and was in- 
tended only to settle claims, rights or titles originating under the Spanish 
government. The second section was intended to make a donation, and 
is not confined to the lots mentioned in the tlrst section, but reserves for 
schools all the land embraced in the out-boundary directed to be run in 
the first section, and not rightfully owned or claimed by private individ- 
uals, or held as commons belonging to some town or village, or reserved 
for military purposes. Under the second section, neither occupancy, nor 
possession prior to December, 1803, is necessai'y to establish a town lot 
or outlot of a town. Trotter v. Board, etc., St. Louis Public Schools, 9 
Mo. 69. 

What constitutes an out-lot, a mixed question of law and fact— 

The survey of the outboundary of the town of St. Louis, made in pur- 
suance of the act of Congress of June 13, 1812, Ss prima facie evidence of 
title in the St. Louis Public Schools to the land within said boundary 
designated and set apart by the Surveyor-General of Illinois and Missouri 
for the use of such schools. It is, however, not conclusive, and may be 
rebutted by evidence, that a certain parcel of land embraced in such sur- 
vey was neither " a town or village lot, out lot, common field lot nor part 
of the commons belonging to such town." The i-eservation made by the 
act of 1812 for the use of schools, includes only the lots in the sense in 
which they were understood in the enumerated towns and villages; and 
whether a certain piece of laud is such a lot is a mixed question of law 
and fact. Eberle v. Board, etc., St. Louis Public Schools, 11 Mo. 247; 



ACTS OF CONGRESS. 231 

also City v.Toney, 21 Mo. 256; Vasquez v. Bwing, 42 Mo. 247; s. c. 24 Mo. 
31. But see Page v. Scheibel (11 Mo. 167), which the above case seems 
to overrule. The latter holds that a common field or out lot is a matter 
of law. See also Hammond v. St. Louis Public Schools, 8 Mo. 65, 83, and 
Harrison v. Page, 16 Mo. 182. 

The goverument survey eliminates tlie question of out-lots — By the 

ninth section of the act incorporating the Board of President and Direct- 
ors of the St. Louis Public Schools, the title, possession, charge and 
control of all lands in or near St. Louis, granted to the inhabitants for 
school purposes by any act of Congress, is vested in the corporation with 
power to dispose of and apply the same to the purpose of education. 
In 1843 the Attorney-General returned a plat in conformity with the act 
of Congress of June 13, 1812, and acts supplemental thereto. The title 
to the lots thus indicated by the Surveyor as school lots enured to the 
benefit of the Board of Public Schools. Until the survey the title was 
imperfect. His certificate is record evidence of title and the question is 
not open whether or not these lots were out-lots or common-field lots, or 
other lots described in the statute. Kissell v. Board, etc., St. Louis 
Public Schools, IS How. 19, affirming s. c. 16 Mo. 553. 

Section 2 reserved certain lots — Only such of the field lots in the 
Grand Prairie common field of St. Louis not cultivated by the inhabitants 
of St. Louis prior to the 20th of December, 1803, as might be assigned, 
not exceeding a certain amount, were reserved for the support of schools. 
Glasgow V. Lindell's Heirs, 50 Mo. 60. 

Title could be proved by parol evidence — Under the act of Congress 
of June 13, 1812, it was not necessary that the claimant of an out-lot 
should have had, either under the French or Spanish authorities or from 
the United States, any written recognition of his title, or any public 
survey; nor was he required by the supplementary act of 1824 to present 
the evidence of his claim and have it recognized. He might prove his 
title by parol evidence. Guitard v. Stoddard, 16 How. 494, 508. 

Statute of limitations — Adverse possession for more than ten years 
is a good defense in an action for the possession of school lands, not- 
withstanding the title emanated from the government. The rule of the 
common law, "nullum tempus occurrit regf'' — lapse of time does not 
b^r the right of the crown — does not apply to any corporation, public 
or private. Unless such corporations are excepted from the statute of 
limitations they are comprehended within it under the general term 
"persons." (See County of St. Charles v. Powell, 22 Mo. 525.) And 
the act of 1865 [L Mo. Rev. Stat. 1879, sec. 3227], excluding lands given 
to public, pious or charitable use from the operation of the act of limi- 
tations, has no application to actions commenced nor to cases where the 
right of entry accrued before the section was enacted. School Directors, 
etc., V. Goerges, 50 Mo. 194. 



232 ACTS OF CONGRESS. 

AUTHORIZING FORMATION OF STATE OF MISSOURI. 

AN ACT to authorise the people of the Missouri territory to form a con- 
stitution and state government, and for the admissio7i of such state into the 
Union on an equal footing icith the original st<ites, and to prohibit slavei'y in 
certain ten'itories, [approved March «, 1820, 3 U. S. Stats, at Large, 5+5], 
contains the following: 

Sec. 6. Section sixteen granted for schools — And be 

it further enacted, That the following propositions be, 
and the same are hereby, offered to the conventiou of the 
said territory of Missouri, when formed, for their free 
acceptance or rejection, whicli, if accepted by the conven- 
tion, shall be oblisatory upon the United States : 

First. That section numbered sixteen in every township, 
and when such section has been sold, or otherwise disposed 
of, other lands equivalent thereto, and as contiguous as may 
be, shall be granted to the state for the use of the inhabit- 
ants of such township, for the use of schools. 



lu pursuance of the provisions of this act, a convention to form a 
constitution and state government assembled at St. Louis June 12, 1820. 
They accepted the propositions set forth in the sixth section, passing an 
ordinance to that effect, and complied fully with all of the provisions of 
the act. A resolution passed Congress, aud was approved March 2, 1821, 
admitting the state on a certain condition. The Missouri legislature, by 
an act passed June 2(i, 1821, accepted the condition, and the President of 
the United States, on August 10, 1821, issued his proclamation announc- 
ing such acceptance. [These three instruments are set forth lu full in 
the Revised Statutes of Missouri 1825, pp. 67, 68, 69, 70.] 

See Ordinance of Acceptance of July ID, 1820, on page 195; also Act of 
Congress of March 3, 1823, granting lands in lieu of sixteenth section 
on page 236; and Act of Missouri legislature of March 3, 1851, providing 
for disposal of lands in sixteenth section, on page 30 of this compilation. 

Survey unnecessary to test title — It is the settled construction of 
the Act of Congress of June 13, 1812, that by its own terms this Act vested 
in each inhabitant of the town of St. Louis the absolute title in fee to the 
common-field lot which he possessed or cultivated prior to December 20, 
1803. There was no condition of survey necessary to vest title, (citing 
Page V. Scheibel, 11 Mo. 167; Milburn c. Hortiz, 23 Mo. 532: Milburn r. 



ACTS OF CONGRESS. 233 

Hardy, 28 Mo. 514; Vasquez v. Ewiog, 42 Mo. 247; Guitard v. Stoddard, 
16 How. 508; Glasgow v. Hortiz, 1 Black, 595. See, also, Tayon v. Hard- 
man, 23 Mo. 539; Schultz v. Lindell, 24 Mo. 567.) Glasgow v. Lindell's 
Heirs, 50 Mo. 60. 

Miscellaneous — In an act entitled "An Act providing for the govern- 
ment of the territory of Missouri " approved June 4, 1812 [2 U. S. Stats, 
at Large 743], raarlied "obsolete" in the Statutes at Large, 
in section 14 thereof, is the following language: " Eeligion, mor- 
ality and Ivnowledge being necessary to good government and the hap- 
piness of mankind, schools and the means of education shall be encour- 
aged and provided for from the public lands of the United States in the 
said territory, in such manner as Congress may deem expedient." 

Section 15 of the same act begins with these words : "And be it further 
enacted, That the general assembly shall never interfere with the primary 
disposal of the soil by the United States in Congress assembled." See 
Section 1, Article XIV. of the Constitution of Missouri of 1875, page 194 of 
this compilation. 

Origin of school fund — The school fund of this State had its origin 
in the act of Congress of March 6, 1820, authorizing the people of the 
Missouri Territory to form a Constitution. By that act it was provided 
that section 16 of every township shall be granted to the State, for the use * 
of the inhabitants of such township for the use of schools. An act of the 
General Assembly of January 31, 1831, provided for the sale of these 
lands to create a fund for the use of schools. (Maupin v. Parker, 3 Mo. 
310; Payne v. St. Louis County, 8 Mo. 478.) State v. Bonner, 5 Mo. App. 
13, IS. 

Sixth section construed — It was the intention of the sixth section of 
March, 1820, under which the State of Missouri was organized, to grant to 
the State, for school purposes, every sixteenth section of land not other- 
wise disposed of to which the United States had a good title. Ham v. 
State of Missouri, 18 How. 126, affirming State v. Ham, 19 Mo. 592. 

Proceeds of Grovernment school lands as permanent fund — "Sec- 
tion numbered sixteen in every township was granted by the Congress of 
the United States to this State for the use of the inhabitants of such 
township for the use of schools. This grant was solemnly accepted by 
the people of this State, in convention assembled, who, at the same time, 
declared that it should be the duty of the General Assembly to apply the 
funds which may arise from such lands in strict conformity to the object 
of the grant. These sections, having been sold in pursuance to the laws 
of the State, the money arising from their sale is regarded as a substitute 
for the land granted. It is a permanent fund, not only for to-day or to- 
morrow, but for the distant future, and it is both the policy and the 
duty of the State so to manage it, that its benefits may be experienced by 
generations yet to come. This may seem impossible, but it is, nevertheless, 



i 

2S4o ACTS OF CONGRESS. 

the duty of those entrusted with the care and mauagemeut of it, to use 
all endeavors to perpetuate its advantages as long as possible. It is a 
great error to suppose that the inhabitants of a township, for the time 
being, can dispose of or in any way impair the fuad. They are tlie pas- 
sive recipients of its increase for the use of schools, so long as they are 
inhabitants of the township, but those who are to come after them have 
as much right to it as they have, and it is the policy of the law to preserve 
it for them." 

A. county court, therefore, hiving loaned township school funds at 
ten percent, has no right, upon the application of the inhabitants of the 
township to reduce the rate of interest. Veal v. Chariton County Court, 
15 Mo. 412, 413. 

Sale of school lands — The act of the General Assembly of 17th Janu- 
ary 1831 [Laws 1831, p. 81] to provide for the sale of the township school 
lands, is not repugnant to the nature of the grant, nor does it conflict 
with any provision of the Constitution of the State. The General As- 
sembly having power to provide for the sale of these lands, for the use 
of schools, a purchaser of any of these lands under said act, acquires a 
valid title in fee simple to the same. Maupin v. Parker, 3 Mo. 310. 

Following the above case the Supreme Court of Missouri, in Payne v. 
• St. Louis County holds, that the grant of section sixteen in every town- 
ship for the use of schools by the Act of Congress of March 6, 1820, was 
to be for a consideration therein set forth; that the convention, by ordi- 
nance, accepted this proposition on July 18, 1820, and provided in article 
6, section 1 of the Constitution, "that schools and the means of educa- 
tion sliall forever be encouraged in this State; and the General Assembly 
shall take measures to preserve from waste or damage such lands as have 
been, or may hereafter be, granted by the United States for the use of 
schools within each township in this State, and shall apply the funds 
which arise from such lands in strict conformity to the object of the 
grant: one school or more in each township shall be established as soon 
as practicable and necessary, where the poor shall be taught gratis." 

"To carry into effect this provision of the Constitution, the legislature 
passed an act on the 6th, Dec, 1820, providing for the leasing of the 
school lands, and applying the proceeds to the purposes designated in the 
Constitution. This policy prevailed until 1829 when the leasing of unim- 
proved sections was prohibited; (Act of Jan. 1, 1829) and in 1831 the plan 
of selling the sixteenth section was adopted, which prevails to this day " 
[January, 1844] * * * The legislature is required to apply the funds 
"arising from these lands, in strict conformity to the object of the 
grant. Whether these funds are to arise from leasing, renting, or selling 
is not specified in the constitution. There is no restriction on the sub- 
ject." The court accordingly holds that the act is constitutional. Payne 
V. St. Louis County, 8 Mo. 473. 



ACTS OF CONGRESS. 235 

State cannot abrogate a sale of school lands — " They (the land spe- 
fiecl in the first paragraph of section six, of the Act of Congress, of March 
G, 1820), were granted to the State * * * as a trustee to be dealt 
with ' for the use of the inhabitants,' including, of course, the children of 
the school township respectively. * * * jj need scarcely be said, 
that the law under which these lands were sold, directed the application 
of the interest of the purchase-money to the purposes of education in the 
township from whence it was derived." And certain of these lands 
having been sold, the Legislature passed an act authorizing a rescinding 
of the contract of sale. Speaking of the constitutionality of this act, 
the Supreme Court of Missouri, says: "It seems to us * * * that 
the General Assembly was as powerless under the Constitution of the 
United States, to impair or abrogate a contract thus concluded, or to in- 
terfere with rights thus vested, as it would have been to impair the obli- 
gation of any other contract, or lo divest a citizen or citizens of any 
other right." Butler v. Chariton County Court, 13 Mo. 112. See, alto, 
Keunett v. Cole County Court, 13 Mo. 139. 

Sixteenth section is vested in State for use of schools — A reserva- 
tion from sale by the act of Congress of March 3, 1811, of land claimed 
before the Board of Commissioners, was not a disposition of the land, 
within the meaning of the first clause of the sixth section of the act of 
March 6, 1820, so as to prevent the same, when designated as a 16th 
section, from passing to the State for the use of the schools. 

The act of March 6, 1820, the ordinance of July 19, 1820, declaring the 
assent of the people of Missouri, to the conditions contained in said act, 
and the designation of the sixteenth section, vest in the State, for the 
use of schools a complete title to laud so designated, unless the title had 
previously passed out of the United States. 

The title of the State to such land is superior to a claim based upon 
the act of Congress relinquishing to the claimant all the title remaining 
in the United States, and a patent from the government is not necessary. 
State W.Ham, 19 Mo. 592; atlirmed, 18 How. 126; State v. Gamble, 19 
Mo. 607. 

Not subject to location of New Madrid claims. — The title of the 
State to the 16th sections granted by the act of Congress of March 6, 
1820, for school purposes, is not impaired or destroyed by the previous 
location of a New Madrid certificate upon these sections, such sections 
not being subject to such locations. Kennett v. Cole County Court, 13 
Mo. 139. 

Grrants of 16th section did not extend to lands conflrined by act June 

13, 1812 — It is the settled construction of the act of Congress of June 
13, 1812, that the act, by the force of its own terms, vested in each in- 
habitant of the then village of St. Louis the title in fee to the common 
field lot which* he possessed or cultivated prior to December 30, 1803, 



I 

236 ACTS or congress. 

the date of the cession from France to the United States. It confirmed 
to such inhabitant the lot so possesed or cultivated without any other or 
further proofs of title derived from the Spanish or French governments 
than that of inhabitancy and cultivation or possession (Glasgow v. Lin- 
dell's Heirs, 50 Mo. 60; Glasgow v. Baker, 72 Mo. 441). 

The confirmees under the act of 1812 by complying with the act of May 
24, 1824, making it their duty to designate their out lots by making proof 
of their boundaries, possession and cultivation before the recorder, se- 
cured the recognition of the boundaries, but there was no forfeiture by 
reason of their failure to do so, the contirmee still held the title by force 
of the act of of 1812 and that title is good, although the surveyor-general 
failed to include the land within the boundaries of the survey made by 
him. 

The act of March 6, 1820, granting the sixteenth section for school 
purposes did not extend to any of the common-field lots confirmed by the 
act of 1812; not even to those not rightfully owned by the individuals 
claiming them. Glasgow i;. Baker, 85 Mo. 559; reversing same case, 14 
Mo. App. 201. 



GRANTING LANDS IN LIEU OF SIXTEENTH SECTION. 

An Act concerning the lands to be granted to the state of Missouri, for 
the purpose of education, and other public uses. [3 U. S. Stats, at Large, 

787.] 

liands granted in lieu of Sixteenth Section — J^e 

it enacted by the Senate and House of Repj^esenta- 
tivesoftlie United States of America., in Congress assembled. 
That, in all cases in which section number sixteen, in any 
township within the state of Missouri, has been sold, oroth- 
erwise disposed of, it shall be the duty of the register and 
receiver of the respective land office in whose district such 
land may lie, so soon after the passage of this act as may 
be, to select the like quantity of other lands equivalent 
thereto, from any of the unappropriated lands of the United 
States in that state, including the residue of such section, 
where only a part of it has been disposed of, and the value 
of the residue is not materiall}'' diminished by such dispo- 
sition, and is nearly contiguous to such sixteenth section as 
may be ; and a descriptive entry of such selected lauds shall 



ACTS OF CONGRESS. 237 

be made on the books of the register, specifying as well the 
township in which, as that for the use of which, the selec- 
tion shall have been made ; and the lands thus selected and 
located, are hereby granted to the said state for the use of 
the inhabitants of the respective townships, for the use of 
schools, instead of such sixteenth sections so sold or other- 
wise disposed of. * * * 
Approved, March 3, 1823. 

See act authorizing formation of the State of Missouri on page 232 
of this compilation. 

Entry of lands selected in lieu of sixteenth section vested title — 

The act of Congress of March 6, 1820, admitting Missouri into the Union, 
and the act of March 3, 1823, respecting grants of land to that State 
without further grant or patent, vested in the State the 16th section of 
each township for school purposes; but where this section had been sold 
or disposed of by the government, it required the selection of other lands 
in lieu thereof by the register and receiver of the proper land district, and 
such selection when made and entered in the register's books, vested the 
title of such substituted lands in the State. Hedrick v. Hughes, 15 
Wall. 123. 

Sale of lands selected in lieu — Where lands are located in lieu of 
the sixteenth section granted by the act of March 6, 1820, and the land 
thus located sold and the money applied for the benefit of schools accord- 
ing to law, the State and the inhabitants of the township were estopped 
from afterwards claiming the sixteenth section. State to use v. Dent, 
18 Mo. 313. 



APPROPRIATION OF VACANT LANDS SUPPLEMENTAL ACT. 

An Act supplementary to an act passed on the thirteenth day of June, 
one thousand eight hundred and twelve, entitled '^ An act mahing further 
promsion [provisions^ for settling the claims to lands in the territory of 
Missoun.^^ [4 U. S. Stat, at Large, 65.] 

Duty of Individual Owners — Be it enacted hy the 
/Senate and House of Representatives of the United States 
of America^ in Congress assembled, That it shall be tbe duty 
of the individual owners, or claimants, of town or village 
lots, out lots, and common field lots, in, adjoining or be- 



238 ACTS OF CONGRESS. 

longing to, the several towns or villages, of Portage des 
Sioux, St. Charles, St. Louis, St. Ferdinand, VillaaEobert, 
Carondelet, St. Genevieve, New Madrid, New Bourbon, and 
Little Prairie, in Missouri, and the village of Arkansas, in 
the Territory of Arkansas, whose lots were confirmed by 
the act of Congress of the thirtieth [thirteenth] of June, 
one thousand eight hundred and twelve, entitled " An act 
making further provision for settling the claims to land in 
the territory of Missouri," on the ground of inhabitation, 
cultivation, or possession, prior to the twentieth day of 
December, one thousand eight hundred and three, to pro- 
ceed, within eighteen months after the passage of this act, 
to designate their said lots, by proving, before the recorder 
of land titles for said state and territory, the fact of such 
inhabitation, cultivation, or possession, and the boundaries 
and extent of each claim, so as to enable the surveyor gen- 
eral to distinguish the private from the vacant lots, apper- 
taining to the said towns and villages. 

Sec. 2. Duty of surveyor-general — And be it furlher 
enacted. That, immediately after the expiration of the said 
term allowed for proving such facts, it shall be the duty of 
the surveyor general, within whose district such lots lie, 
to proceed, under the instructions of the commissioner of 
the general land office, to survey, designate, and set apart 
to the said towns and villages, respectively, so many of the 
said vacant town or village lots, out lots, and common field 
lots, for the support of schools in the said towns and villages, 
respectively, as the President of the United States shall not, 
before that time, have reserved for military purposes, and 
not exceeding one-twentieth part of the whole lands included 
in the general survey of such town, or village, according to 
the provisions of the second section of the above-mentioned 
act of Congress; and also, to survey and designate, so soon 
after the passage of this act as may be, the commons belong- 
ino; to the said towns and villages, according to their re- 



ACTS OF CONGRESS. 239 

spective claims and confirmations, under the said act of 
Congress, where the same has not been already done: Pro- 
vided, That lots relinquished to the United States on account 
of damages done them by the earthquakes, and in lieu of 
which lands have been located elsewhere, shall neither be so 
designated or set apart, nor taken into the estimate of the 
quantity to which any town or village is entitled. 

Sec. 3. The recorder will issue certificate — And be it 
further enacted, That the recorder shall issue a certificate of 
confirmation for each claim confirmed, and shall receive for 
the services required of him by this act, the sum of one 
dollar for each lot so proved to have been inhabited, culti- 
vated, and possessed, to be paid by the respective claimants ; 
and, so soon as the said term shall have expired, he shall 
furnish the surveyor general with a list of the lots so proved 
to have been inhabited, cultivated, or possessed, to serve as 
his guide in distinguishing them from the vacant lots to be 
set apart as above described, and shall transmit a copy of 
such list to the commissioner of the general land oflice. 



Approved, May 26, 1824. 

See act of June 13, 1812, on page 227 of this compilation. 

Recorder's certiflcale only prima facie evidence — A certificate of con- 
firmation issued by tlie recorder under tlie act of Congress of May 26, 
1824, is only pnma facie evidence of conflcmation of the act of June 13, 
1812 (confirming Biehler v. Coonce, 9 Mo. 347; Maclot v. Dubreuil, 9 Mo. 
477; Boyce v. Papin, 11 Mo. 16). McGill v. Somers, 15 Mo. 80. 

Time of survey not limited — The survey and setting apart to the use 
of schools, by the Surveyor-General, of a lot reserved for the use of 
schools by the acts of Congress of June 13, 1812, January 27, 1831, and 
May 26, 1824, passed to the schools the title of the United States. The 
acts of Congress and the survey are equivalent to a patent, and all previ- 
ous steps required by law are to be presumed. No limitation as to the 
time of the survey was prescribed by the act of May 26, 1824. Patterson 
V. Pagan, 38 Mo. 70. 



f 

240 ACTS OF CONGRESS. 



APPROPEIATION OF VACANT LANDS FURTHER SUPPLE- 
MENTAL ACT. 

An Act further supplemental to the act entitled ^^ An act making further 
provision for settling the claims to land, in the territory of Missouri,'''' passed 
the thirteenth day of June, one thousand eight hundred and tv;elve. [4 U. S. 
Stats, at Large, 435.] 

United States reliiiqiiislies rights to individuals — 

Be it enacted hy the Senate and House of Representatives 
of the United States of America, in Congress asse?nbled, 
That the Unite(3 States do hereby relinquish to the 
inhabitants of the several town>! or villages of Portage 
des Sioux, Saint Charles, Saint Louis, Saint Ferdinand, 
Villa a Robert, Carondelet, Saint Genevieve, New Madrid, 
New Bourbon, and Little Prairie, in the state of Missouri, 
all the right, title, and interest of the United States in and 
to the town or village lots, out lots, common field lots, and 
commons in, adjoining and belonging to, the said towns or 
villages, condrmed to them respectively, by the first section 
of the act of Congress, entitled " An act raakino- further 
provision for settling the claims to land in the territory of 
Missouri," passed the thirteenth day of June, one thou- 
sand eight hundred and twelve, to be held by the inhabit- 
ants of the said towns and villages, in full property, 
according to their several rights therein, to be regulated 
or disposed of for the use of the inhabitants, according to 
the laws of the state of Missouri. 

Sec. 2. United States relinquishes rights to school 
lauds — And be it further enacted. That the United States 
do hereby relinquish all their right, title, and interest, in 
and to the town and village lots, out lots, and common 
field lots, in the state of Missouri, reserved for the support 
of schools, in the respective towns and villages aforesaid, 
by the second section of the above-recited act of Congress ; 
and that the same shall be sold or disposed of, or regulated 



ACTS OF CONGRESS, 241 

for the said purposes, in such manner, as may be directed 
by the legislature of said state. 
Approved, January 27, 1831. 

See act to which this is supplemental on page 227 of this compilation. 

Construction of act — The act of Congress of January 27, 1831, relin- 
quishes to the State of Missouri the lots, commons, etc., reserved for the 
use of schools, by the act of June 13, 1812. The act of 1812 excluded 
from the reservation which it made, all lots rightfully claimed by private 
persons. A subsequent confirmation shows that the claim was a rightful 
one, when the act of 1812 was passed, and that the lot claimed was not 
included in the reservation for schools. Public Schools v. Walker, 9 
Wall. 282, affirming s. c. 40 Mo. 388. 

An inchoate claim to land duly located and presented to the Board of 
Commissioners under the acts of Congress of 1805 and 1807, and after- 
wards confirmed by the act of July 4, 1836, was excepted out of the 
reservation made for schools by the act of Congress of Jane 13, 1812, and 
was not granted by the act of January 27, 1831. After the claim has been 
surveyed under the confirmation, the Surveyor-General can not survey 
and set apart the same land to the use of schools. Board, etc., St. Louis 
Public Schools v. Walker, 40 Mo. 383. 

The Act of Congress of June 13, 1812, is a reservation only, and the Act 
of January 27, 1831, is a grant; but of the Act of May 26, 1824, supple- 
mentary to the act of 1812, required the Surveyor-General to survey, 
designate and set apart the school lands, and until such designation is 
made, the grant by the act of 1831 is only general, and does not attach to 
any pai'ticular land. Papin v. Ryan, 32 Mo. 21. See Papin v. Hines, 23 
Mo. 274. 

By the Act of Congress of January 27, 1831, the United States relin- 
quished all its right, title and interest in the lands reserved for schools 
by the act of June 13, 1812. Cabanne v. Walker, 31 Mo. 274. 



APPROPRIATION OF LANDS IN TOWNSHIP FORTY-FIVE NORTH, 
RANGE SEVEN EAST. 

An Act concerning certain School Lands in Township forty -five North, 
Bange seven East, in the State of Missouri. [13 U. S. Stats, at Large, 
1.32.] 

Certain school lands granted to Missouri — jBe it en- 
acted by the /Senate and House of Representatives of the 
United States of America in Congress assembled^ That all 
16 



242 ACTS OF CONGEESS. 

of the right, title, and interest of the United States in and 
to all of the lots, tracts, pieces, and parcels of land within the 
Grand Prairie common field, in township forty-five north of 
the base line, in range seven east of the fifth principal meri- 
dian line in the State of Missouri, which have not hereto- 
fore been disposed of by the United States, shall be, and 
the same are hereby, granted, relinquished, and conveyed 
by the United States, in fee simple and in full property, 
to the State of Missouri, for the support of schools in said 
township : Provided, That nothing in this act shall in any 
manner abridge, divest, impair, injure, or prejudice any ad- 
verse right, title, or interest of any person or persons in or 
to any portion or part of the aforesaid lots, tracts, pieces, 
or parcels of land which are granted, relinquished, or con- 
veyed by this act. 

Approved, June 15, 1864. 

See act of legislature accepting the lands conveyed by the general 
government by the above Act, approved January 14, 1865, [Laws Mo. 
1864-5, p. 336], and further act approved May 12, 1879, vesting these lands 
in the St. Louis School Board. [Laws Mo. 1879, p. 197], on pages 33, 
56 ef this compilation. 

The lands granted by above Acts were together with other school lands 
within the county of St. Louis placed under the control of the county 
court by Act of the legislature, approved January 31, 1865, [Laws Mo. 
1864-5, p. 33], with the power to lease or sell the same. So far [Sep- 
tember 12, 1876], none of them have been sold. Whenever such dis- 
position is made of them, the extent of the interest of the Board in the 
proceeds will probably have to be determined by legal proceedings. 
Atty's Opinion, IL Off. Proc. 157. 



INDEX. 



The figures refer to page?. 

ABILITY. 

teacher may be removed without questioning his, 18. 
ABSENCE OF PEESIDENT. See President of School Board. 
ABSENCE FROM SCHOOL. 

rule as to, reasonable, 17. 
ABSENT MEMBERS. 

Board may compel attendance, 12. 

less than quorum may compel attendance,^20. 
ACCEPTANCE OF LAND. 

granted by Congress June 15, 1864, 33. 
ACTIONS. 

to determine right to position of director, 12. 

limitation of, for possession of realty, 31, 231. 
ACTUAL CORPORATION. 

School Board is an, 6, 179, 187. 
ADJOURNMENT. See Pursuant to Adjournment. 
ADJUSTMENT UNDER SCHEME. 

arbitrators to value, 197, 198. * 

arbitrators, how chosen, 198. 

arbitrators' report filed in court, 198. 

County School Fund paid School Board, 198. 

transfer of all school property in extended limits, 198, 199. 

intersection of districts by new limits, 199. 

enumeration to be made, 199, 200. 

money due School Board, how raised, 200. 
AFFIDAVIT. See Oath. 

AFRICAN DESCENT. See Colored Schools. 
AGE. 'See School Age 

Director must be over twenty-one years, 8. 

voter must be over twenty-one years, 11, 64, 179, 204. 

school age between sjx and twenty, 188, 189. 
AGENTS. See Servants and Agents. 

may act for principal, when, 156, 157. 
AGENTS, UNKNOWN. /See Judicial Sales. 

(243) 



244 INDEX. 

The figures refer to pages. 

AGREEMENTS. See Contracts. 

with Washington University, 46. 

respecting O'Fallon Polytechnic Institute, 46. 

respecting Library, 46, 47. 

respecting Polytechnic instruction, 46. 

respecting Ames bequest, 46. 

with Public School Library Society, 47. 
AGRICULTURAL LANDS. 

certain property to be assessed as, 209, 210. 
AGRICULTURAL SOCIETIES. 

property of, exempt from taxation, 152, 182. 
ALDERMEN. 

ineligible to School Board, 11, 27. 
AMENDMENTS. 

of School Board charter, 23. 

an act which does not amend School Board charter, 24. 

memorial asking amendment of Permanent Fund act, 60, 61. 

of charters, not to be by local or special laws, 178, 194. 
AMES BEQUEST. 

agreement respecting, 46. 
AMES, HENRY. 

name to be associated with Library, 46. 
ANNUAL STATEMENT. 

Board shall publish, 21. 
APPARATUS. 

injury to, 79, 122. 

board shall provide, 138. 
APPEARANCE TO SUIT. , 

entered by members, binds board, 9. 

may be entered without formal consent of board, 9. 
APPLICATION OF PURCHASE MONEY. 

purchaser of Carondelet lands, not liable for, 41. 
APPLICATION FOR RENEWAL OF LEASE. See Renewal of 

Leases. 
APPOINTMENTS. 

teachers', may be made on probation, 18. 

teachers', may be made in vacation, 18. 

Commissioners of Section Sixteen, 30. 

Commissioners to sell Tp. 45, R. 6, 32. 

Commissioners to Re-establish Ward Limits, 67. 
APPORTIONMENT OF PUBLIC SCHOOL FUND. See County School 
Fund; Public School Fund; Township School Fund ; School 
Fund. 

State Superintendent shall apportion in July, 154. 



INDEX. 



245 



The figures refer to pages. 

APPORTIONMENT OF PUBLIC SCHOOL PUND — Continued. 

the basis shall be the enumeratiou of children, 154. 

shall certify amounts to State Auditor, 154. 

county clerks shall apportion for their counties, 154. 

district failing to return enumeration not entitled to share, 154. 

other duties of county clerk, 154. 

duties of county treasurer, 154. 

districts, cities or towns failing to sustain school at least three 
months not entitled to share, 154, 155. 
APPRENTICES. 

may attend school without pay in any district, 173. 
APPROPRIATION OF UNITED STATES' LANDS. 

statute of limitations, 31, 231. 

construction of acts relating to school lands, 91. 
Act June 13, 1812. 

right to certain lots adjoining St. Louis and other towns confirmed, 
227. 

reservation of other lands for schools, 228. 

lands granted by this act are under control of School Board, 228. 

right of disposal of these lands granted, 228, 229. 

treaty and legislation recognize title, 229. 

steps necessary to perfect title, 230. 

section two does not pass title, 230. 

occupancy not necessary, 230. 

what constitutes an outlot a mixed question of law and fact, 
280. 

government survey eliminated the question of outlots, 231. 

section two reserved certain lots, 231. 

title could be proved by parol, 231. 
Act March 6,1820. 

General Assembly shall not interfere with primary disposal of soil, 
194,233. 

authorizing formation of State, 232. 

Section number Sixteen offered State, 232. 

survey unnecessary to vest title, 232. 

religion, morality and knowledge shall be encouraged, 233. 

origin of School Fund, 233. 

sixth section construed 233. 

proceeds of government school lands a permanent fund, 233. 

policy of the law respecting, 233, 234. 

act to sell Sixteenth Section not repugnant to grant, 234. 

there is no restriction as to sale or lease, 234. 

State cannot abrogate a sale of school lands, 235. 

Sixteenth Section is vested in State for schools, 235. 



246 INDEX. 

The figures refer to pages. 

APPROPRIATION OF UNITED STATES' LANDS — Continued. 

not subject to locition of New Madrid claims, 235. 

grant of Sixteenth Section did not extend to lands confirmed by act 
of June 13, 1812, 235, 236. 
Act March 3, 1823. 

lands granted in lieu of Sixteenth Section, 236. 

entry of lands vests title, 237. 

State estopped to claim lands after sale, 287. 
Act May 26,1824. 

duty of individual owners, 237. 

duty of surveyor general, 238. 

duty of recorder, 239. 

recorder's certificate only prima facie evidence, 239. 

time of survey not limited, 239. 
Act January 27, 1831 . 

TJaited States relinquishes rights to individuals, 240. 

United States relinquishes rights to school lands, 240. 

construction of act, 241. 

act of June 13, 1812, is a reservation : act of January 27, 1831 a grant, 
241. 
Act June, 15, 1864. 

certain school lands granted to State, 241. 
ARABIC FIGURES. 

use of, 157. 
ARBITRARY CONDUCT. 

director liable for, 8. 
ARBITRATION. 

compensation of Sixteen Section Commissioners, 58. 

under scheme, of value of property in extended limits, 198. 
ARMY. 

serving in, disqualifies voter, 65, 204. 

serving in, exempt fi'om taxation, 105. 
ARSON. 

burning school house is, 75. 

punishment for, 75. 

person convicted of, disqualified as juror or voter, 148. 
ASSAULT AND BATTERY. 

when corporal punishment is not, 18, 19. 
ASSEMBLY. See General Assembly; Municipal Assembly. 
ASSESSMENT. Sec Assessor; St. Louis Board of Assessors. 

manufacturing and business companies to be assessed, 108. 

informalities which do not avoid assessment, 109. 

lands omitted previous years, how assessed, 109. 

valuation, how determined, 109. 



INDEX. 247 

The figures refer to pages. 

ASSESSMENT —Continued. 

personal property classified, how assessed, 110. 

lands to be assessed and valued, how, 110. 

what taxes shall be assessed, levied and collected. 111. 

changing time of, 134, 142. 

assessor to receive tax-book, when, 134. 

real estate assessed every two years, 134. 

shall commence when, 134. 

plats of lands and lots in St. Louis, 135. 

property owned June 1st liable to assessment, 135. 

classification of property for, 142. 

city of St. Louis to be assessed by general laws, 206. 

books, how made up, 209. 

notice of completion of assessment, 209. 

duty of recorder of deeds, 209. 

certain property assessed as agricultural lands, 209, 210. 

costs and expenses of, 210. 

abstract of assessment books, 211. 

city comptroller to correct manifest errors, 212. 

delinquent taxes, 212. 

ordinance fixing percentage of taxes, 212. 

rebate on tax-bills, 214. 
ASSESSOE. 

list of leased lands to be returned to, 43. 

meaning of, 106. 

to make return of assessment of boats and vessels, 114. 

duties of, 142. 
ASSIGNATION AND BAWDY HOUSES. 

leasing house within one hundred yards of school, 170. 

lease recorded, two witnesses to indict, 170. 

obtaining lease under false pretenses, 171. 

displaying sign of decent occupation, 171. 
ASSISTANT SECRETARY. 

sureties on Secretary's bond not liable for, 21. 
ASSUMED NAME. 

registering under, 65. 

voting under, 65. 
ATTENDANCE. 

board may compel, of absent members, 12. 

less than quorum may compel, 20. 

rule as to absence from school, 17. 

teacher shall keep register of, 123. 
ATTORNEY-GENERAL. 

member of State Board of Equalization, 187. 

member of State Board of Education, 188. 



248 INDEX. 

The figures refer to pages. 

ATTORNEY. 

may be verbally employed, 9. 

may be employed without formal action of school board, 9. 

Sixteenth Section Commissioners may employ, 30. 
AUDITOR. See State Auditor. 
AUDITOR'S BOND. 

when sureties on, not liable, 37. 

BALLOT. See Elections. 

all elections by the people shall be by, 179, 203. 

to be numbered in order, 179. 

numbered on list, 179. 

in contested elections ballots may be in.spected, 180. 

description of prescribed ballot, 203. 

not as prescribed, not counted, 203. 
BARLOW, S. D. 

corporator Public School Library Society, 44. 
BAWDY HOUSES. See Assignation and Bawdy Houses. 
BENTON, THOMAS H. 

corporator of board for superintending schools, 24. 
BEQUEST. See Ames Bequest. 
BET OR WAGER. 

interest in, disqualifies voter, 65, 204. 
BIDDING EOR OFFICE. See Office. 
BOARD OF ALDERMEN. 

members of, ineliaible as Directors, 27. 
BOARD OF ASSESSORS. See St. Louis Board of Assessors. 
BOARD OF DELEGATES. 

members of, ineligible as Directors, 27. 
BOARD OF DIRECTORS. See Board, Etc., of St. Louis Public 

Schools; Directors; School Boards. 
BOARD OF EDUCATION. See State Board op Education. 
BOARD OF EQUALIZATION. See State Board of Equalization; 

St. Louis Board of Equalization. 
BOARD, THE, OF PRESIDENT AND DIRECTORS OF THE ST. LOUIS 

PUBLIC SCHOOLS. See Directors; Election of Directors; 

President of School Board; School Boards. 
In general. 

name, 5. 

incorporation of Board, 5. 

free white persons resident in St. Louis shall constitute, 5, 7, 13. 

residents of St. Louis incompetent as jurors in suits. Board party 
to, 7. 

Directors and President shall be free white males, 8. 



INDEX. 249 

The figures refer to pages. 

BOARD, THE, OF PRESIDENT AND DIRECTORS OF THE ST, LOUIS 
PUBLIC SCHOOLS — Continued. 

Board to prescribe time, place, and manner of election, 11, 12, 20, 
63, 206. 

Aldermen ineligible, 11, 27. 
Mayor ineligible, 11. 

disorderly conduct at meetings punished, 12. 
all free white citizens presumed to have notice of I'ules, 13. 
illegal rules void, 15. 
vote in Board shall be viva voce, 15, 180. 
quorum to consist of majority, 20. 

less than, may compel attendance of absent members, 20. 
annual statement by, 21. 
Board not subject to garnishment, 23. 
service of process on Board, 23. 
charter of, amendment of, 23, 24. 
charter of, a public act, 23. 
compensation of Directors, 28. 
lands granted by Congress vested in, 22, 56. 
Health Officer ineligible, 27. 
Lafayette Park Coriimissioner ineligible, 27. 
Board of Delegates, members of, ineligible, 27. 
city officers ineligible, 27. 

violation of certain acts by officers of Board, 28. 
Director must have resided in ward, how long, 28, 40. 
Board to determine rate of taxes by resolution, 36, 216. 
copy of resolution to be handed collector, 36, 216. 
copy of resolution to be handed county clerk, 36. 
copy of resolution to be handed city register, 216. 
school taxes to be paid Board monthly, 36. 
oftener if required by President in writing, 36. 
collector to give bond to, 36, 216. 
Board to fix compensation of county clerk for services respecting 

school taxes, 39. 
change of ward boundaries vacates Directors' seats, 40. 
election to be ordered by Board to till vacancies, 40. 
Directors to hold till successors qualify, 40. 
new wards entitled to same number of Directors as old, 40. 
Carondelet school property transferred to, 41 . 
member interested in contract to build or repair school houses to be 

suspended, 42. 
member interested in fui'nishing supplies to be suspended, 42. 
member interested in contracts with Board may be expelled, 

42. 



250 INDEX, 

The figures refer to pages. 

BOAKD, THE, OF PRESIDENT AND DIRECTORS OF THE ST. LOUIS 
PUBLIC SCHOOLS — Continued. 

Board sliall make provision for educating colored children, 53. 
Board shall maintain high school for, 53, 54. 
Board shall maintain a department of normal instruction for, 53. 
Board and county court to apportion certain school funds, 55. 
portion due St. Louis county in year 1877 to be paid School 

Board, 55. 
in and after year 1877, Board to be paid city's share, 55. 
Board to return enumeration of children, 55. 
act vesting lands acquired by Act of Congress, June 15, 1864, in 

Board, 56. 
Board shall only use income of Permanent Fund, 60, 61. 
proceeds of Permanent Fund may be invested, 60, 61. 
number of Directors not to exceed number of wards, 63. 
but if number of wards do not exceed twelve, then number of 

Directors not to be more than double that number, 63. 
Board may prescribe election districts, 63. 
part of Public School Fund due city of St. Louis to be paid to 

Board, 125. 
constitutional provision respecting elections, binding on Board, 180. 
Board liable to special taxes, 182. 
constitutional provision limiting school indebtedness applies to 

Board, 187. 
Attorney reports all sources of revenue to Board, 191. 
Constituted how. 
two members from each ward, 11. 
shall hold their offices for three years, 19, 215. 
shall be divided into three classes, 20, 215. 
one-third to go out every year, 20. 

members from new wards to be classed as from old, 20. 
one-third to be elected annually, 20. 
shall consist of as many members as wards, 63, 215. 
change made by city charter, 201, 215. 
shall be elected when, 215. 
Corporation of. 
consists of all free white persons, 5, 7. 
actual corporation, 6, 179, 187. 
not a municipal corporation, 6, 179. 
not a quasi corporation, 6, 179, 187. 
a public corporation, 7. 
corporate acts, how proved, 9, 23, 24. 
lection of. 
first election, how held, 11. 



INDEX. 251 

The figures refer to pages. 

BOARD, THE, OF PRESIDENT AND DIRECTORS OF THE ST. LOUIS 

PUBLIC SCHOOLS— Continued. 

board to prescribe time, place and manner, 11, 12, 20, 63, 206. 

election districts to be established by, 12, 

Board judge of qualifications, elections and returns, 12, 13. 

members to be elected for three years, 19, 215. 
Jurors. 

Board party to suit, residents of St. Louis incompetent as, 7. 

members of Board exempt from jury service, 128, 129. 
Liability of, 

not for loss of pupil's clothing, 19. 

for gross negligence, 19. 

for special taxes, 182. 
Members. 

number of, 11, 63, 215. 

Board may expel, 12. 

shall hold until successors qualify, 20. 

may qualify at any day during term, 20, 27. 

to take oath before judge or justice, 23. 

service of process may be made upon, 23. 
Meetings. 

absentees may be compelled to attend, 12, 

Board to prescribe time and place of stated, 20. 

four stated meetings, annually, 20. 

President may call special meetings, 20. 

three members of Board may call special meetings, 20. 

notice of special meetings in writing to all members, 20. 

stated meetings now held monthly, 20. 

special meetings held on three days notice, 20. 
President of the Board. 

Board shall elect one of its own number, 12. 

service of process may be made upon, 23. 
Powers and duties. 

shall deal equitably, 6. 

should not give away interests intrusted to it, 6. 

powers of corporation vested in President and Directors, 8. 

must prescribe time, place and manner of elections, 11, 12, 20,63, 206. 

judge of qualifications, elections and returns of members, 12, 13. 

may compel attendance of absent members, 12. 

may expel members by two-thirds vote, 12, 42. 

but not a second time for same offence, 12, 

may punish disorderly conduct of members, 12. 

may combine election precincts, 12, 206. 

to makes rales for government of proceedings, 13. 



252 INDEX. 

The figures refer to pages. 

BOAED, THE, OF PRESIDENT AND DIEECTORS OF THE ST. LOUIS 

PUBLIC SCHOOLS — Continued. 

to make rules for management of schools and property, 13. 

may do all lawful acts, 13, 15. 

to have charge and control of school property, 13, 16. 

may contract to erect school houses, 15. 

may build school houses, 15. 

may enforce contractor's bond, 15. 

can not interfere with a dairy unless a nuisance, 19. 

to prescribe powers, duties, obligations and compensation of agents 
and servants, 21. 

to prescribe powers, duties, obligations and compensation of Treas- 
urer and Secretary, 21. 

shall lay record of proceedings before General Assembly, 21. 

shall lay record of proceedings before a general meeting of inhabi- 
tants, 21. 

shall have power to call general meeting of inhabitants of city, 21. 

shall publish annually statements of condition of affairs of th^ 
Board, 21. 

shall have kept a record of proceedings, 21. 

shall appoint Treasurer and Secretary, 21. 

agents and servants appointed by, 21. 

to take possession of lands granted by Congress, 22. 

to dispose of and apply lands granted by Congress, 22. 

approval of collector's bond. 37. 

may lend money, 26. 

Board's powers and duties as to Library, 44, 46, 47, 50. 

to invest Permanent Fund, 60, 61. 

enumeration of children, to have taken, 62. 

may adopt previous enumeration, 62. 

Board to return annually to State Superintendent enumeration, 125. 

to determine rate of taxation, 216. 

shall remit excess of school taxes in extended limits, 217. 
BOATS AND VESSELS, See Taxation of Boats and Vessels. 
BOND. See Sureties. 

board may enforce bond to secure sub-contractors, 15. 

Secretary's, 21. 

sureties on Secretary's not liable for acts of assistant, 21. 

county collector shall give, 36. 

office of, vacated if bond not given, 37. 

sureties on treasurer's bond liable, when, 37. 

sureties on public officers' bond liable, when, 37. 

construction of treasurer's bond, 38. 

construction of bond required by statute, 38. 



INDEX. 253 

The figures refer to pages. 
BOND — Continued. 

procedure on official bond, 38. 
President of Board of Assessors to give, 207. 
District Assessors to give, 207. 
BONDS. See Money, Stocks and Bonds; Kenewal Funding Bonds. 
State Board of Education to invest capital of Public School Funds 

in, 54. 
meaning of, 145. 

sale of school bonds at ninety cents less commission, 193. 
Bonds of United States. 

Public School Funds may be invested in, 124, 125. 
Bonds of State of Missouri. 

Public School Funds may be invested in, 124, 125. 
Bonds of City of St. Louis. 

Countx School Funds may be invested in, 192, 193. 
BORROW. 

Director shall not, from Board, 28. 
BOUNDARIES. See Wards; Appropriation of United States' Lands. 

depositions touching, 22. 
BRANCHES OF PUBLIC LIBRARY. See Library. 
may be established, 50. , 

dues of, may be increased, 50. 
BRIBERY. See Officers; Voters. 
of public officer, punishment, 80. 
officers accepting bribe, punishment, 80. 
bribing officer to appoint to office, 81. 
officer accepting bribes to make appointments, 82. 
accepting office procured by bribery, 82. 
attempting to bribe officer, 82. 
bribery to procure office, 83. 
accepting bribe to procure office, 83. 
accepting bribe by voter, 83, 132. 
offering to bribe voter, 84. 

conviction of, renders candidate ineligible, 132. 
conviction of, disqualifies candidate-elect, 132. 
BUILDER. 

Board may enforce bond of, 15. 
BUILDING SCHOOL HOUSES. See Special and Local Laws. 
BUILDINGS PARTLY USED FOR SCHOOLS. See Exemption from 

Taxation. 
BURNING SCHOOL HOUSE, 
arson in third degree, 75. 
may be arson in first or second degrees, 75. 
BY LOT. 
. members shall be divided into three classes, 20, 215. 



254 INDEX. 

The figures refer to pages. 
CABANNE, JOHN P. 

corporator of board for superintending schools, 24. 
CANDIDATE. /See Electioneerers or Canvassers. 
must receive majority or plurality to elect, 14. 

If ineligible, does it work election of next highest? 14. 
convicted under Electioneering Act, 132. 
"CANDIDATES OATH." 

constitutional provision respecting, rescinded, 10. 
" test-oath," 10. 
CANVASSERS. *S'ee Electioneerers or Canvassers. 
CAPITAL OF PUBLIC SCHOOL FUNDS. See Public School Fund. 
CAPITAL STOCK. 

meaning of, 145. 
CARONDELET SCHOOL PROPERTY. 

transferred to St. Louis School Board, 41. • 

purchaser not liable for application of purchase money, 41. 
CARR, WM. C. 

corporator of board for superintending schools, 24. 
CAUSE FOR REMOVAL. 

of teachers, a question of fact, 8. 
CEMETERIES. 

exempt from taxation, 182. 
CERTIFICATES. See Teachers. 
CHANGING LINES OF SCHOOL DISTRICTS. 

not to be by local or special law, 178. 
CHANGING LINES OF TOWNSHIPS. 

not to be by local or special law, 178. 
CHARACTER AND NATURE OF STUDIES. 

constitution does not limit schools concerning, 188. 
CHARGE AND CONTROL. 

Board to have, of schools and school property, 13. 
CHARITABLE PURPOSES. 

property used exclusively for, exempt from taxation, 106. 

building partly used for, 183. 
CHARTER OF BOARD. 

a public act, 23. 

amendment of, 23. 
CHARTERS. 

contracts forbidden by illegal, 17. 

contracts to effectuate objects of, legal, 17. 

cannot be amended by local or special law, 178, 194. 

cannot be renewed by local or special law, 178, 194. 

cannot be extended by local or special law, 178, 194. 

cannot be explained by local or special law, 178, 194. 



INDEX. 255 

The figures refer to pages. 

CHEEVER, JOSHUA. 

contest for his seat, 13. 
CHILDREN. See Colored Children; Enumeration; Non-Resident 

Pupils; Orphan Children. 
CHILDS, C. F. 

corporator Public School Library Society, 44. 
CHOUTEAU, AUGUSTE. 

corporator of board for superintending schools, 24. 
CHRISTMAS. 

a holiday, 172. 
CITIZEN. See Voter. 
CITY. 

residence in, to qualify voter, 11, 179, 204. 

lands and other property of, exempt from taxation, 106. 

laws regulating affairs of, not to be local or special, 178. 

laws creating offices in, not to be local or special, 178. 

shall not aid schools for religious or sectarian purposes, 194. 
CITY CHARTER, EFFECT OF. See Adjustment under Scheme. 

provisions of, govern qualifications of voters, 11, 12. 

election of members of Board, 201, 

intersecting school districts by extended limits, 201, 202. 

excess of taxes in extended limits, 201. 

funds affected by, 202. 
CITY COLLECTOR. See Collector; Collector of St. Louis County. 

duties as to collection of revenue, 111, 213. 

shall give bond, 213. 

failure to give bond vacates office, 213. 

election to fill vacancy, 213. 

may appoint deputies, 214. 

bonds of deputies, 214. 

shall perform duties of county collector, 214. 

shall give bond to School Board, 216. 

copy of tax resolution by Board to be handed to, 216. 

shall collect school taxes, 216. 
CITY COMPTROLLER. 

shall perform such other duties relating to assessments as formerly 
performed by county court, 129, 212, 213. 

shall correct manifest erroi's in assessments, 212. 
Ordinance respecting Sixteenth Section. 

to perform duties respecting Sixteenth Section devolving on Munici- 
pal Assembly, 219. 

reports of Commissioners to be submitted to him, 219. 

if he approves, deed to be executed, 219. 

comptroller may allow Commissioners' expenses, 219. 



256 INDEX. . 

The figures refer to pages. 

CITY LIMITS. 

extension of, vests property in Board, 15, 16, 41. 
intersection of school districts, 197, 198. 
transfer of school property in new, 198, 199. 
Board shall remit excess of taxes in new, 201, 217. 
CITY OFFICERS, 
meaning of, 27. 

ineligible as School Directors, 27. 
may qualify by resigning city office, 27. 
voters for, may vote for School Di.vectors, 63. 
to perform duties of county officers, 129, 130. 
assessment of school taxes to be made by, 215, 216. 
CITY OF ST. LOUIS. 

meant when county referred to, 112, US, 129, 158. 
is a school district, 179. * 

County School Fund may be invested in bonds of, 192, 193. 
shall be assessed by general laws, 206. 
CITY REGISTER. 

duties of county clerk to be performed by, 130, 157. 
copy of tax resolution by the Board to be handed to, 216. 
CITY TAX. 

President and Directors shall have paid, 8, 10. 
when to be paid to qualify Director, 10, 11. 
dog license, not a, 10. 
voter must have paid, 11. 
CLAIMS CORRUPTLY ALLOWED, 
by public officer, punishment, 77. 
CLARK, WILLIAM. 

corporator of board for superintending schools, 24. 
CLASSIFICATION OF LANDS. 

by Attorney, of lands in Permanent Fund, 61. 
CLASSIFICATION OF MEMBERS. 

shall be by lot into thrae classes, 20, 215. 
_ members from new wards to be classed as from old, 20. 
CLASSIFICATION OF PROPERTY. 

for assessment, 141. 
CLERK OF COUNTY COURT. See County Clerk. 
CLERKS OF COURTS OF RECORD. 

shall keep account of fines, penalties and forfeitures, 141. 
CLERKS OF ELECTION. See Judges of Election. 
to take oath, 12. 

oath to be returned with poll-book, 12. 
frauds by, punished, 88. 
neglect to perform duties punished, 89 . 



INDEX. 257 

The figures refer to pages. 

CLOTHING OP PUPIL. 

Board not liable for loss of, la certaio cases, 19. 
COLLECTOK. See City Collector; Collector of St. Louis. 

County; County Collector. 

collecting illegal taxes, 86. 

ineaning of, 106. 
COLLECTOR OF ST. LOUIS COUNTY. 

bond shall be given by, 36. 

bond to be approved by Board, 36, 37. 

collection of school tax to be made by, 36. 

compensation same as for similar services, 36. 

shall pay over to Board monthly, 36. 

oftener if required by President in writing, 36. 

tax resolution, copy of, to be handed to, 36. 

school tax to be collected in same manner as other taxes, 36. 

failure to give bond vacates collector's office, 37. 

shall perform other duties, 39. 
COLORED CHILDREN. 

St. Louis School Board shall make provision for the education of, 
53. 
COLORED SCHOOLS. See Separate Schools. 

Board shall maintain separate high school, 53, 189. 

Board shall provide normal instruction, 53. 

Board cannot be forced to admit colored children into Central or 
Branch High School, 54. 

"may "in constitution means "must," 54, 189. 

separate schools shall be established, 54, 151, 188. 

board neglecting to establish, county court shall, 149, 150. 

boards of education shall provide separate, 151. 
COMMISSIONER OF HEALTH. 

ineligible as School Director, 27. 
COMMISSIONER OF LAFAYETTE PARK. 

ineligible as School Director, 27. 
COMMISSIONERS TO RE-ESTABLISH WARD LIMITS. See Wards. 

to be sworn, 67. 

appointment of, by circuit court, upon petition of citizens, 67, 

compensation, shall receive reasonable, 67. 

consist of three, 67. 

old ward lines, shall not be governed by, 67. 

report, shall make within ninety days, 67. 
copy of, filed with court, 68. 
copy of, filed with Mayor, 68. 
when approved by court, ward lines shall be fixed, 68. 

recorder of voters to render Commissioners assistance, 68 
17 



258 INDEX. 

The figures refer to pages. 

COMMISSIONERS OF SECTION SIXTEEN. See Section Sixteen. 

attorneys, may be employed by, 30. 

county court to appoint, 30. 

proceeds of sale, how applied, 30. 

possession of properly to be taken by, 30. 

property to be sold by, 30. 

compromise of claims by, 30, 58, 59. 

proceeds may be loaned, 31. 

expenses to be paid, 31. 

property to be divided by, 31. 

act relating to, 57. 

Sixteenth Section undisposed of, vested In Board, 57. 

Commissioners to report acts to Board, 58. 

reasonable compensation to be fixed by arbiti'ation, 58. 

litigation with, 58, 59. 

reversal of Glasgow v. Baker, 59. 
Ordinance respecting. 

powers devolving on Municipal Assembly jto be exei'cised by city 
comptroller, 219. 

terms of sale or compromise to be submitted to comptroller, 219. 

if comptroller approves, deed may be executed, 219. 

comptroller to allow Commissioners' expenses, 219. 

Commissioners to pay proceeds of sale or compromise into city 
treasury, 220. 

first deducting expenses allowed by comptroller, 220. 
COMMISSIONERS TO SELL TOWNSHIP 45, RANGE 6. 

three Commissioners shall be appointed by county court, 32. 

report of sale of, to be made to county court, 32. 

subdivide and sell. Commissioners shall, 32. 

compensation, shall receive none, 33. 

deeds to, shall be executed by, 33. 

proceeds of sales to be paid into county treasury, 33. 

proceeds to be loaned, 33. 
COMMON SCHOOLS. 

means public schools, 188. 
COMPEL ATTENDANCE. 

Board may, of absent members, 12. 

less than quorum may, 20. 
COMPENSATION. See Arbitration; Condemnation of Lands for 

Public Use. 

Board bhall prescribe, of Treasurer and Secretary, 21. 

Board shall prescribe, of servants and agents, 21. 

Directors shall receive none, 28, 29. 

Commissioners to s 11 Tp. 45, R. 6, shall receive none, 33. 



INDEX. 259 

The figures refer to pages. 

COMPENSATION — Continued. 

county collector, 36. 

Board to fix county clerks', in reference to, school taxes, 39. 

Commissioners of Section 16 to be fixed by arbitration, 58. 

Commissioners to Re-establish Ward Limits, 67. 

State Board of Equalization same as members of the Legislature's, 107. 
COMPROMISE. 

Sixteenth Section Commissioners may make, 30, 58, 59, 219. 
COMPTROLLER. See. City Comptroller. 
CONCEALED WEAPONS. ^S-ee Weapons in School. 
CONDEMNATION OE LANDS EOR PUBLIC USE. See Eminent Do- 
main, Public Use. 

lands may be condemned when, 69. 

petition to, 69. 

summons when to issue, how served, 70. 

publication, 70, 71. 

appointment of commissioners, duties of, 71. 

different owners may be joined in one petition, 72. 

clerk to give notice of filing of report, 72. 

report may be reviewed when, 72. 

cost, by whom paid, 73. 

shall not enter or appropriate dwelling house, 73. 

proceedings when property held by corporation, 73. 

land for depot purposes, how condemned, 73. 

condemnation of school house site, 119. 

private property shall not be taken for public use without compensa- 
tion, 177. 

compensation, how ascertained, 177. 

property not to be disturbed until compensation be paid to owner or 
into court, 177. 

fee of land taken for railroad tracks to remain in owner, 177. 

appropriation of property for a public school house site is for a pub- 
lic use, 177, 178. 
CONDUCT OF DIRECTORS. 

for whichthey are liable, 8. 

disorderly, in Board meeting, 12. 
CONFIRMATION OF TITLE. See Appropriation of United States' 

Lands. 
CONGRESS, See Appropriation of United States' Lands. 

Board to take possession of lands granted by, 22. 

Board to dispose of and apply lands granted by, 22. 

title to lands granted by, vested in Board, 22. 

proceeds land granted by, to form part of School Fund, 124, 190. 

also proceeds sale of land, Congress consenting, 124, 190. 

Legislature not to interfere with primary disposal of soil by, 194, 233. 



260 INDEX. 

The figures refer to pages. 

CONSTITUTIONALITY OF LAW. 

act cancelling contract for sale of school lauds, 91. 

relating to distribution of railroad taxes, 166, 167. 

relating to rate of railroad taxation, 166. 

relating to debt owed School Fund, 184. 
CONSTITUTION OF STATE. 

provision of, respecting elections binding on Board, 180. 

governs school elections, 180. 

provision respecting increase of school tax, uot self-enforcing, 18&. 

does not limit course of study, 188, 189. 

does not prescribe kind of schools, 188, 189. 
CONSTRUCTION. See Definitions. 

statute rules for, 156. 
CONSTRUCTION OF ACTS RELATING TO SCHOOL LANDS. 

various decisions, 91. 
CONSTRUCTION OF PENAL LAWS. 

note on, 74:. 
CONTAGIOUS AND INFECTIOUS DISEASES. 

child affected, not to attend school, 176. 

child affected, may be examined by physician, 176. 

parent refusing to have child examined, child may be excluded, 176. 

parent sending child excluded, guilty of a misdemeanor, 176, 
CONTESTED ELECTIONS. 

notice of must be specific, 13. 

time given to make notice specific, 13. 

candidate elected must receive majority or plurality, U. 

ineligibility of candidate-elect, 14. 

Rule 6, Rules and Regulations, respecting contests, 14. 

one vacancy ordered filled, not two to be elected, 15. 

ballots may be inspected, 180. 
CONTRACT. 

member of board cannot alter, 8. 

written, cannot be varied by loose conversations, S. 

employment of attorney, 9. 

teacher's, need not be in writing, 9. 

teacher's, need not be proved by record, 9. 

individual members cannot make, for supplies, 9. 

use of supplies thus purchased does not ratify, 9. 

Board has power to make for erection of school houses, 15. 

corporation cannot make, forbidden by charter, 17. 

corporation can make only tho<e effectuating objects of charter, 17. 

interest in, with Board disqualifies Director, 42. 

contracts affecting Library, 44. 

contract with Washington University, 46. 



INDEX, 261 

The figures refer to pages. 

CONTRACT — Continued. 

contract with Public School Library Society, 47. 
act cancelling contract of sale of school lands uacoustitutional, 91. 
CONTRACTOR. 

Board may enforce bond of, 15. 
CONTROL. See Charge and Control. 
CONVENTION ORDINANCE. 

acceptance of grant of Section Sixteen, 195, 196. 
COPY. 

proof of corporate acts by sworn or certified, 23. 
of act to be sent to Commissioner of General Land OflSce, 34. 
CORONER. See Health Commissioner. 
CORPORAL PUNISHMENT. 

legal although disproportionate to offense, 18, 19. 
must cause no lasting injury, 19. 
object, must be to correct pupil, 19. 
when, not assault and battery, 19. 
instructions of Court of Criminal Correction, 18, 19. 
CORPORATION. See Special and Local Laws. 
CORPORATORS OF BOARD FOR SUPERINTENDING SCHOOLS. 

names of, 24. 
CORPORATORS OF PUBLIC SCHOOL LIBRARY SOCIETY. 

names of, 44. 
CORRUPTION. 

directors liable for, 8. 
COUNCIL OF CITY OF ST. LOUIS. 

shall perform certain duties of county court. 111. 
COUNTY. 

includes City of St. Louis, 112, 113, 158. 
laws creating offices in, shall not be local or special, 178. 
. laws regulating affairs of, shall not be local or special, 178. 
laws prescribing powers and duties of officers in, shall not be local 

or special, 178. 
shall not aid schools for religious or sectarian purposes, 194. 
COUNTY CLERK. 

copy of tax resolution to be handed to, 36. 

shall perform same duties in collecting school tax as he does in refer- 
ence to other taxes, 39. 
compensation for services under school revenue act to be fixed by 

Board, 39. 
list of children to be forwarded to, 62. 
list of tax-payers to be forwarded to, 62. 
lists to be recorded by, 62. 
compensation of, under school lands act, 95. « 



262 INDEX. 

The figures refer to pages. 

COUNTY CLERK — Continued. 

shall furnish copy of State Auditor's certificate of equalization to 
assessor, and also copy to county board of equalization, 108. 

returns of elections to increase school tax, 121. 

shall collect flues, penalties, etc., 126. 

shall pay same to county treasurer, 126. 

shall inspect accounts of interest for Section Sixteen and other school 
lands, 126. 

shall take proper measures to secure each township its full amount 
of School Funds, 126. 

shall transmit to State Superintendent, absti-act of returns, 127. 

shall take receipt from collector for amount of school taxes, 127. 

duties of, to be performed by city register, 130, 157. 

shall apportion School Fund, 154. 

other duties of county clerk, 154. 

shall extend railroad taxes on railroad tax book, 163. 

shall certify to chief officer of railroad statement of taxes, 163, 164. 

what the certificate shall contain, 164. 

county clerk to assess school taxes, 167, 168. 
COUNTY COLLECTOR. 6'ee City Collector; Collector; Collector 

OF St. Louis County. 

liable for railroad taxes, 112. 

when he shall make seizure for taxes, 112. 

shall give receipt to county clerk, 112, 127. 

shall collect school taxes, 127. 

compensation, 127. 

.shall pay monthly to county treasurer, 127. 

shall return delinquent school taxes, 127. 

city collector to perform duties of, 214. 
COUNTY COURT. 

Commissioners to sell Tp. 45, R. 6, shall appoint, 32. 

Commissioners shall report sale to, 32. 

Commissioners to execute deed on approval by, 33. 

proceeds of Section 16, Tp. 45, R. 7, to be managed by, 52. 

Municipal Assembly to perform duties of, 129. 

comptroller to perform duties of, 129, 212, 213. 

Maj'or to perform duties of, 129. 

shall collect, preserve and invest School Funds, 137. 

shall provide colored schools, if board neglects, 149, 150. 

County School Fund shall be apportioned by, 155. 

means probate court, when, 158. 

shall levy railroad taxes, 159. 
COUNTY OFFICERS. 

duties'of, to be performed by city officers, 113. 



INDEX. 263 

The figures refer to pages. 

COUNTY OR CIRCUIT ATTORNEY. 

meaning of, 158. 
COUNTY PROPERTY. 

exempt from taxation, 106. 
COUNTY SCHOOL FUND. 

fines to be paid for benefit of, 90, 137. 

invested at interest from six to ten per cent, 137. 

unencumbered realty of double value and personal security, loan of, 
to be secured by, 137, 192, 193. 

distributed when, 154. 

apportioned according to enumeration, 154, 155. 

apportioned by county court at August term, 155. 

capital to be securely invested and sacredly preserved, 191. 

income to be appropriated for free public schools, 192. 

capital of County School Fund a trust fund, 192. 

Board's interest in fines, penalties and forfeitures, 192. 
Of what composed. 

money, stocks and bonds, etc., 137, 191. 

net proceeds sale of estrays, 137, 191. 

money paid for exemption from military duty, 137, 191. 

fines, penalties and forfeitures, 137, 191, 192. 
COUNTY TREASURER. 

bond of, 37, 38. 

mandamus on, 38. 

compensation and liability of, 118. 

shall be paid fines, penalties and forfeitures, 126. 

shall be paid delinquent school taxes, 128. 

other duties of county treasurers, 154. 

shall be paid annually income of School Fund, 188. 
COURSE OF STUDY. 

constitution does not limit, 188, 189. 
COURT. See County Court; Court op CRnvtiNAL Correction. 
COURT OF CRIMINAL CORRECTION. 

instructions respecting corporal punishment, 18, 19. 
CREATING CORPORATIONS. 

shall not be by local or special law, 178, 194. 
CREATING OFFICES IN SCflOOL DISTRICTS. 

shall not be by local or special law, 178. 
CREDITS. 

meaning of, 146. 
CRIME. See Infamous Crime. 

CRIMES AND MISDEMEANORS. See Felony; Misdemeanors. 
CUSTODIAN OF SCHOOL FUND. 

liability of, 38. 



f 

264 INDEX. 

The figures refer to pages. 
DAMAGES. 

directors uot liable for, when, 8. 
DAY. See School Day. 

DEADLY WEAPOXS. See Weapons in School Room. • 
DEATH. 

vacancy caused by, how tilled, 20. 
DEFICIENCY IX PUBLIC SCHOOL FUND. See Public School Fund. 

General Assembly to provide for, 190. 

uot less than tweuty-tive per cent of State I'eveuue to be set apart, IDO 
191. 
DEFINITIONS. 

"usual election," 12. 

" pursuant to adjoururaeut," 13. 

"incompetency or immorality," IS. 

" city officers," 27. 

"immediate vicinity," 75. 

"manufacturer," 102. 

"merchant," 102. 

"exempted from taxation of every kind," 106. 

"assessor," 106. 
' "collector," 106. 

"county," 113, 158. 

" real property," 144, 157. 

" real estate," 144, 157. 

"land," 144, 157. 

"lot," 144. 

" bonds," 145. 

"capital stock," 145. 

" shares of capital stock," 145. * 

" stocks," 145. 

" personal property," 145, 157. 

"money," or "moneys," 146. 

" credits," 146. 

" property," 146, 157. 

"oath," 146. 

" person," 146. 

" may," 54. 

"month," 156. 

"year," 156. 

'* year of our Lord," 156. 

" State," 156. 

^'United States," 156. 

"will," 156. 

" testament," 156. 



INDEX. 265 

The figures refer to pages. 

DEFINITIONS — Continued. 

"codicil," 156. 

"written," 156. 

"in writing," 156. 

"writing word for word," 156. 

"premises," 157. 

"town," 157. 

" executor," 157. 

"under legal disability," 157. 

" general election," 157. 

"county clerk," 157. 

residence, place of, 157. 

"justice of the county court," 158. 

" county or circuit attorney," 158. 

" in vacation," 158. 

" and for other purposes," 165, 166. 

"common schools," 188. 
DELEGATES. 

members of Board of, ineligible as Directors, 27. 
DELINQUENT TAXES. See Eailroads, Taxation of; Taxes. 
DEPOSITIONS. 

Board may take, respecting lands granted by United States, 22. 

originals or copies evidence, 23. 

to be filed in office of circuit clerk, 23. 
DEPOSITS. 

of public fund, public officer receiving benefit of, 76, 77. 
DEVISES. 

part of Public School Fund, 124. 
DIRECTORS. See Board, etc., of St. Louis Public Schools; 

Board of Directors. 

do not alone constitute School Board corporation, 7. 

shall be free white males, 8. 

shall be at least twenty-one years of age, 8. 

shall have resided in city twelve months, 8. 

shall be citizens of United States, 8. 

shall have paid a city tax, 8. 

powers of corporation vested in, 8, 

not required to take "test-oath," 10. 

"candidate's oath" repealed, 10. 

number of, 11. 

Board may compel attendance of, 12, 

Board may punish disorderly conduct of, 12. 

Board to judge of qualifications of, 12, 13. 

Board must elect one of its number its President, 12. 



266 INDEX. 

The figures refer to pages. 

DIRECTORS — Continued. 

Board may expel, 12. 

but not twice for same offense, 13. 

those from new wards to be classed as those from old, 20. 

three members may call special meeting, 20. 

to be sworn before judge or justice, 23. 

service of process on, 23. 

may qualify at any reasonable time during term, 27, 28. 

shall receive no compensation, 28. 

residence in ward twelve months, 28. 

violation of certain laws by, a misdemeanor, 28. 

violation of certain laws disqualifies, 28. 

moving from ward vacates seat, 28. 

not to borrow money of Board, 28. 

to enforce certain provisions of charter, 28. 

interest in title adverse to Board, disqualifies, 29. 

interest in lease or sale of Board property disqualifies, 29. 

ward boundaries changed, shall hold till successors qualify, 40. 

change of ward boundaries vacates seat, 40. 

residence in ward sis months, 40. 

interest in contracts with Board, disqualifies, 42. 

interest in furnishing supplies, disqualifies, 42. 

Director interested in contracts, etc., to be suspended, 42. 

and may be expelled by two-third vote, 42. 
DISBURSEMENT OF SCHOOL FUNDS. 

fraudulent disbursement of public, 78. 

district not maintaining school three months, not entitled to part of, 
188. 
DISCHARGE OF FIRE-ARMS. 

in vicinity of school, 75. 
DISCIPLINE. 

teacher may be removed without questioning, 18. 
DISCRETION. 

Board may use its, in investing Permanent Fund, 61. 
DISEASES. See Contagious and Infectious Diseases. 
DISORDERLY CONDUCT. 

of members at meeting of Board, 12. 
DISPOSAL OF SOIL BY UNITED STATES. . 

interference with, prohibited, 194, 233. 
DISPOSING OF LIQUOR. /See Electioneerers and Canvassers. 

to pupils, 128. 
DISTRICTS. See School Districts. 
DISTRICTS, ELECTION. 

School Board may establish, 11, 12. 



INDEX. 267 

The figures refer to pages. 

DISTURBING SCHOOL. 

a misdemeanor, 89. 90. 
DIVIDENDS FROM ESTATES. 

part of Public School Fund, 124. 
DIVOLL, IRA. 

corporator of Public School Library Society, 44. 
DOG LICENSE. 

not a city tax, 10. 
DUES IN LIBRARY. See Fees and Dues. 
DOORS. See Public Safety. 
DULY ELECTED AND QUALIFIED. 

members to hold until successors are, 20. 

public officers shall hold until successors are, 91. 
DURING TERM. 

m^jrabers may qualify, within reason ible time, 27, 28. 

EDUCATION OF COLORED CHILDREN. See Colored Schools. 
EDUCATION, PURPOSES OF. 

property granted by the United States or this State, 106. 
EFFECT OF CITY CHARTER. See City Chakter, Effect of. 
ELECTIONEERERS OR CANVASSERS. 

accepting consideration for electioneering purposes, a misde- 
meanor, 132. 

giving money to pay for liquors, a misdemeanor, 132. 
Emploijment of. 

giving consideration for, a misdemeanor, 131. 

candidate convicted underact, ineligible, 132. 

candidate-elect convicted, forfeits office, 132. 

penalty for, 132. 
ELECTION DISTRICTS. See Precincts. 

Board may establish, II, 206. 
ELECTION FOR INCREASE OF SCHOOL TAXES. See Increase op 

School taxes. 
ELECTION OF DIRECTORS. See Coi^itested Elections; Voters. 

manner of first election, 11. 

Board may prescribe time, place and manner of, 11, 12, 20, 63, 206. 

change made by city charter, 11, 215. 

first Tuesday in October, 11, 215. 

Board may combine precincts, 11, 12, 206. 

Board judge of election of its members, 12, 13. 

judges and clerks to be sworn, 12. 

oaths to be returned with poll books, 12. 

term three years, 19, 203. 

one-third to be elected every year, 20, 203. 



268 INDEX. 

The figures refer to pages. 

ELECTION OF DIRECTOES — Continued. 

Board to order election to fiil vacancies, 20, 40. 

President to order election to fill vacancies, 42. 

voters for city officers qualified to vote at, 63. 

special, how held, 153. 

governed by State constitution, 180. 
ELECTION OF OFFICERS. 

must he viva voce, 180. 
ELECTION OF PRESIDENT. 

at meeting held pursuant to adjournment void, 13. 

not necessary until end of term, 13. 
ELECTIONS. See Ballots; Contested Elections; Electioneer- 

ERS OR Canvassers; Election of Directors; Voters. 

clerk must return oath with poll book, 12. 

to be legally conducted, 65. 

frauds, 86, 87. 

circulating fraudulent tickets, 87. 

importing fraudulent voters, 87. 

fraudulent voting, 87. 

attempt to cast illegal vote, 87. 

fraud by judges and clerks of election, 88. 

fraud in casting up returns, 89. 

neglect of judges and clerks to perform duty, 89. 

voter to vote in residence precinct, 165. 

ballot, contents of, not to be disclosed, 179, 180. 

election officers to be sworn, 179. 

elections shall be by ballot, 179, 203. 

ballots to be numbered, 179. • 

officers of, to be sworn, 179. 

in cases of contests ballots may be inspected, etc., 179, 180. 

ballot, description of prescribed, 203. 

ballot, not conforming to, not counted, 203. 

polls open at six o'clock, close at seven, 203. 

polls shall not be closed during the day, 203. 

continue one day only, 203. 

special elections to fill vacancies, 203. 

duty of register, 204. 

voter may be challenged, 205. 

duty of judges when voter challenged, 205. 

subject to general statutes, 206. 
ELECTIONS BY PERSONS IN REPRESENTATIVE CAPACITY 

shall be viva voce, 180 
ELECTIONS BY THE PEOPLE. 

shall be by ballot, 179, 203. 



INDEX. 269 

The figures refer to pages. 

ELECTIONS IN THE SCHOOL BOARD, 

voting by ballot void, 180. 

voting shall be viva voce, 180. 
ELECTORS. See Voters. 
EMBEZZLEMENT. 

fraudulent disbursement of public funds, 76. 
EMINENT DOMAIN. See Condemnation oe Lands for Public Use. 

property must be compensated for, 177. 

how compensation ascertained, 177. 

school house site, 178. 
EMPLOYMENT. See Attorneys; Electionebrers or Canvassers; 

Servants AND Agents ; Teachers; Treasurer and Secretary. 
ENUMERATION. 

of children of school age to be taken annually, 62. 

of both white and colored youths, 62. 

male and female, 62. 

resident taxpayei'sto be annually listed, 62 

Board may relieve itself of enumeratioa four times in five years by 
adopting last preceding, 62. 

Board to return annually, 125. 

adjustment under scheme provides for, 199, 200. 
EQUALIZATION. See State Board op Equalization; St. Louis 

Board OF Equalization. 
EQUITABLY. 

Board should deal, 6. 

interests of schools should not be given away, 6. 
ERECTION OF SCHOOL BUILDINGS. See Increase of School 

Taxes. 

Board may contract for, 15. 

Board may erect school buildings, 15. 
ERRONEOUS TAX. See Railroads, Taxation of. 
ESCHEATED LANDS AND OTHER PROPERTY. 

proceeds part of Public School Fund, 124:. 
ESTABLISH AND MAINTAIN. 

General Assembly shall, free public schools, 188. 
E STRAYS. 

proceeds of, part of Public School Fund, 125. 

proceeds of, part of County School Fund, 191. 
EVIDENCE. See Proof. 

declarations of deceased Secretary respecting renewal of leases, 
21, 22. 

depositions and copies of, 23. 

proof of corporate acts of Board, 23, 24. 



270 INDEX. 

The figures refer to pages. 

EXCESS OF TAXES. 

remitted in new limits, 201, 216, 217. 
EXECUTION. 

public school property not subject to, 16. 
EXECUTOE, 

meaning of, 157. 
EXEMPTION FROM JURY SERVICE. See Jury Service. 
EXEMPTION FROM MILITARY SERVICE. 

money paid for, part of County School Fund, 191. 
EXEMPTION FROM TAXATION. 

persons belonging to army of United States, 105. 

United States' lands, buildings and furniture, 105. 

lands and other property belonging to the State, 105, 182., 

lands and other property belonging to any city, county or other 
municipal corporations, 106, 182. 

public squares. 106. 

lands or lots granted by the Unitea States or this State for purposes 
of education, 106. 

lots and lands with buildings thereon used exclusively for religious 
worship, 106, 182. 

lots and lands with buildings thereon used exclusively for schools, 
106, 182. 

lots and lands with buildings thereon used exclusively for charitable 
purposes, 106, 182. 

" exempted from taxation of every kind " does not include special 
taxes, 106, 182. 

property used exclusively for agricultural or horticultural societies, 
152, 182. 

laws exempting property other than that specified void, 182. 

cemetries, 182. 

the provisions exempting from taxation do not include special taxes, 
182. 

buildings partly used for schools, 182, 183. 
"EXEMPTED FROM TAXES OF EVERY KIND." 

does not include special taxes, 106, 182. 
EXPLAINING CHARTERS. 

shall not be by local or special law, 178. 
EXPULSION OF MEMBER. 

two-thirds vote, 12. 

not a second time for same offense, 12. 

vacancy caused by, to be filled by election, 20. 
EXPULSION OF PUPIL. 

social party, 17. 



INDEX. 271 

The figures refer to pages. 

EXTENDED LIMITS. 

vests property in Board, 15, 41. 

intersection of school districts, 197, 198. 

excess of taxes remitted, 201, 216, 217. 
EXTENDING CHARTERS. 

shall not be by local or special law, 178, 194. 

FACT. 

cause for removal of teacher, a question of, 8. 

incompetency of teacher, a question of, 8. 
FALSE PRETENSES. See Assignation and Bawdy Houses. 
FEES. 

exacting a fee or reward by officer, a misdemeanor, when, 138. 
FEES AND DUES. See Library. 
Library member ship. 

controlled by School Board, 50. 

life membership fees, increase of, 50. 

non-resident fees may be increased, 50. 
FELONY. 

illegal registration, 65. 

illegal voting, 65. 

violation of assignation and bawdy house law, 170, 171. 

speculation in school funds, 187. 
FINES, PENALTIES AND FORFEITURES. 

to be paid for benefit of C ounty School Fund, 90. 

sheriffs shall collect, 110. 

sheriffs shall settle for at each term of court, 110. 

part of Public School Fund, 124. 

county clerk to collect, 126. 

to be paid to county treasurer, 126. 

clerks of courts shall keep account of, 141. 

part of County School Fund, 191. 

Board's interest in, 192. 
FIRE. See Arson. 
FIRE ARMS. 

discharge of, in vicinity of school, punishment for, 75. 
FIRE ESCAPES. See Public Safety. 
FIRE PROOF DOORS, BLINDS OR SHUTTERS. See Public 

Safety. 
FIXTURES. 

injury to school house, 79, 122. 
FORFEITURE OF OFFICE. See Electioneerers or Canvassers. 

when, 86. 
FORFEITURES. See Fines, Penalties and Forfeitures. 



272 INDEX. 

The figures refer to pages. 

FORMATION OF STATE OF MISSOURI. 

act authorizing, 232. 
FOUR MONTHS. 

General Assembly shall maintain schools annually, at least, 190, 191. 
FOURTH OF JULY. 

a holiday, 172. 
FRAUD. 

directors liable for, 8. 
FRAUDULENT ELECTION TICKETS. ISee Elections. 
FRAUDULENT VOTING. See Elections. 
FRAUDS BY JUDGES AND CLERKS. See Elections; Clerks of 

Election; Judges oe Election. 
FREE PUBLIC SCHOOLS. 

General Assembly shall establish and maintain, 188. 

instruction shall be gratuitous, 188 
FREE WHITE MALES. 

President and Directors sliall be, 8. 

voters must be, 11. 
FREE WHITE PERSONS. 

constitute Board of Public Schools, 5, 13. 
FUND OF PUBLIC NATURE. 

fraudulent disbursement of, 78. 
FUNDS. See County School Fund; Judicial Sales; Permanent 

Fund; Public Shoool Fund; School Fund; Sinking Fund; 

State School Fund. 

interest on loan of, should not be reduced, 6. 

liability of custodian, 38. 

fraudulent disbursement of public, 78. 

affected by city charter, 202. 

origin of School Fund, 253. 
FUNDING BONDS. See Renewal Funding Bonds. 
FURNITURE. 

Injury to school house, 79, 122. 

GARNISHMENT. 

School Board not subject to, 16, 23. 
GENERAL ASSEMBLY. 

record of Board's proceedings to be laid before, 21. 

vests school laud in Board, 22, 56. 

shall not pass certain local or special laws, 178. 

shall aid and maintain State University, 189. 

shall establish and maintain free public schools, 188. 

may maintain schools longer than four months annually, 190, 191. 

shall provide for deficiency in school fund, 190. 



INDEX. 273 

The figures refer to pages. 

GENEEAL ASSEMBLY — Continued. 

shall provide for registration of voters in certain cities, 180. 

shall not aid schools controlled by religious or sectarian denomina- 
tions, 194. 

shall not interfere with disposal of soil by United States, 194, 233. 
GENERAL LAW. 8ee Special and Local Laws. 
GENEEAL ELECTION. 

same as " usual election," 12. 

meaning of, 157. 
GENEEAL GOVEENMENT. See Appropriatio'!^ of United States' 

Lands; Congress; United States. " 
GENEEAL MEETING. 

of inhabitants, 21. 

record to be laid before, 21. 
GIFTS. 

part of Public School Fund, 124. 
GEEAGHTY, A. J. 

contested seat of Joshua Cheever, 13. 
GIVING LIQUOE TO STUDENTS. 

a misdemeanor, 128. 
GOVEENMENT BONDS. See Bonds. 
GOVEENMENT LAND. See Appropriation of United States' Lands. 

vested in St. Louis School Board, 22, 56. 
GOVEENOE. 

member of State Board of Equalization, 187. 

ex officio member of Boai-d of Education, 188. 
GOVEENMENT OF SCHOOLS. 

Board to make rules for, 13. 
GEANTS, GIFTS AND DEVISES. 

part of Public School Fund, 124. 
GEOSS NEGLIGENCE. 

Board liable for, 19. 

HEALTH OFFICEE. 

ineligible as Director, 27. 
HIGH SCHOOL. 

memorial respecting, 61. 

remonstrance respecting, 61. 
HIGH SCHOOL, COLOEED. 

Board must maintain, 63, 189. 
HOLIDAYS. 

Thanksgiving, Washington's Birthday, Fourth of July, Christmas, 172. 
HOETICULTUEAL SOCIETIES. 

property of, exempt from taxation, 152, 182. 
18 



274 



INDEX. 



The figures refer to pages. 

HOUSES OF PROSTITUTION. 8ee Assignation and Bawdy Houses. 
HYGIENE. See Physiology and Hygiene. 

ILLEGAL COUNTING. 

notice of contest must be specific respecting, 13, 14. 
ILLEGAL FEES. See Fees. 
ILLEGAL EEGISTERING. 

a felony, 65. 
ILLEGAL RULES. 

void, must be dissregarded, 15. 
court will prevent enforcement, 17. 
case must be plain for court's interference, 17. 
ILLEGAL TAX. See Railroads, Taxation of. 

tax payer may resist altliough he took no step to prevent assess- 
ment, 186. 
punishment for collection of, 86. 
ILLEGAL VOTING, 
a felony, 65. 
intimidating voters, 86. 
IMMEDIATE VICINITY. 

two hundred yards, 75. 
INCOME-BEARING INVESTMENT. 

proceeds of Permanent Fund must be placed in, 61. 
INCOMPETENCY OF TEACHER. 

a question of fact, 8. 
INCORPORATION OF SCHOOL BOARD, 
act of, 5. 

name, 5. , 

composed of, 5. 
INCREASE OF SCHOOL TAXES. 
For School Purposes. 
board in its judgment may call election for, 120. 
shall call election on petition of five tax payers, 120. 
board to determine rate of taxation to be submitted, 120. 
election to be held at usual place, 120. 

majority of tax payers voting shall decide the question, 120, 184, 185. 
result to be certified by secretary of the board, 120. 
on receipt of certificate by county clerk, the tax to be assessed, 120. 
tax to be assessed on all taxable property, 120. 
including merchant's statements, 120. 
constitutional provision respecting limit of taxation self-enforcing, 

120. 
in districts formed of cities, towns and villages increase not to exceed 

what, 183, 184. 
in other districts, 184. 



INDEX. 275 

The figures refer to pages. 

INCREASE OF SCHOOL TAXES — Continued. 
For erecting school houses. 

board at discretion may call election for, 121. 

shall call election on petition of ten tax-pajers, 121. 

board to determine rate to be submitted, 121. 

election to be held at usual place, 121. 

two-thirds of qualified voters, voting shall determine increase, 121, 
184, 185. 

result to be certified to county clerk by secretary of board, 121. 

on receipt of certificate, tax to be assessed, 121. 

tax to be assessed on all taxable property, 121. v 

including merchants' statements, 121. 

elections above provided for when, where and how held, 121. 

propositions to increase school taxes to be voted on separately, 122. 

notice of such elections how given, 122, 185. 

constitutional provision for increase of school taxes not self-enforc- 
ing, 185. 
INELIGIBLE. 

Mayor, as School Director, 11. 

member of Board of Aldermen, as Director, 11, 27. 

candidate, does it elect next highest? 14. 

Health Officer, as School Director, 27. 

Lafayette Park Commissioner, as School Director, 27. 

city officer, as School Director, 27. 

member of Board of Delegates, as Director, 27. 

not having resided in ward how long, as Director, 28, 40. 

removal from ward vacates seat, 28. 

person interested in property leased from Board, 29. 

person interested in title adverse to Board, 29. 

candidate convicted under electioneering act, 132. 
INFAMOUS CRIME. 

conviction of, disqualifies voter, 65, 204. 
INHABITANTS OF CITY. 

general meeting of, 21. 
INJUNCTION. See Procedure. 

will lie to restrain void tax, 185, 186. 

will lie to prevent sale of school land for taxes, 186. 
INJURY TO SCHOOL HOUSES. 

penalty, 79, 122. 

furniture, fixtures, apparatus, etc., 79, 122. 

punishment in civil action, not in lieu, 122. 
INJURY TO SCHOOL LANDS. 

a misdemeanor, 79. 

prosecutor on indictment, unnecessary, 79. 



276 INDEX. 

The figures refer to pages. 

INSTITUTE, O'FALLON POLYTECHNIC. 

agreement respecting, 46, 47. 
INSTRUCTION FOR PAY. 

Board cannot give persons, not of school age, 189. 
INSTRUCTION, NORMAL. 

for colored children, 53. 
INSURANCE COMPANIES. 

failure to pay school tax, 91. 
INTENTION TO BECOME CITIZEN. 

declared, qualifies as voter, 64, 179, 203. 
INTEREST. 

on school loan cannot be reduced, 6.' 

Board may lend money at, not exceeding ten per cent, 26. 

on County School Fund to be from six to ten per cent, 137. 
INTERFERENCE. 

with primary disposal of the soil by United States, 194, 233. 
INTERPRETATION. See Definitions. 
INTERSECTION OF SCHOOL DISTRICTS. 

by extension of city limits, 197, 198. 
INTIMIDATING VOTERS. See Elections. 

punishment for, 86. 
INTOXICATING LIQUOR. See Election eerers or Canvassers. 

selling or giving to students a misdemeanor, 128. 
IN VACATION. 

meaning of, 158. 
INVESTMENT. See Bonds; County School Fund; Loans; Public 

School Fund. 

of Permanent Fund, must be income-bearing, 60, 61. ♦ 

of Permanent Fund, Board may use discretion, 61. 

Public School Fund to be invested under direction of State Board of 
Education, 124. 

in United States or State bonds, 124, 125, 192, 193. 

County School Fund may be loaned on real and personal security 
137, 192. 

of capital of Public School Fund, 192. 

County School Fund may be invested in other than Federal or State 
bonds, 192, 193. 

in State bonds, payment for stock in, not necessarily an investment 
in, 192. 

JUDGE OR JUSTICE OF THE PEACE. 

members and Treasurer and Secretary to take oath before, 23. 
JUDGES OF ELECTION. See Elections; Clerks of Election; 

Election of Directors. 



INDEX. 277 

The figures refer to pages. 

JUDGES. OF ELECTION — Continued. 

must be sworn, 12, 179. 

oath to be returned with poll books, 12. 

frauds by judges and clerks, 88, 89. 

neglect to perform duties, 89. 
JUDICIAL NOTICE. 

of School Board charter, 23. 

of act of Legislature, January 14, 1865, 33. 
JUDICIAL SALES. 

act respecting surplus funds from, 139. 

owner or agent unknown, 139. 

surplus to be paid for support of schools, 139, 140. 

interest not to be paid on, 140. 

claimants must make satisfactory proof, 140. 

surplus to become permanent fund, 140. 
JOINT AUTHORITY. 

words importing, how construed, 156. 
JURORS. 

incompetency of St. Louisans when School Boaixl party to suit, 7. 

persons convicted of certain crimes incompetent, 148. 
JURY SERVICE. 

exemption from, 128, 129. 

teachers exempt, 173, 174. 
JUSTICE OF COUNTY COURT. 

meaning of, 158. 

KIND OF SCHOOLS. 

constitution does not prescribe, 188, 189. 

LABORERS. 

Board may enforce bond to secure, 16. 
LAFAYETTE PARK COMMISSIONER. 

ineligible as Director, 27. 
LANDS. See Escheated Lands; Appropriation of United States' 

Lands. 

lands granted by Congress vested in St. Louis School Board, 22, 56. 

depositions touching title, etc., to be taken, 22. 

originals or copies evidence, 23. 

Board m^y lend proceeds of sale or lease of lands, 26. 

sale or lease of, in which Director interested, void, 29. 

act of March 26, 1845, does not affect existing titles, 29. 

interest in title adverse to Board disqualifies Director, 29. 

interests in leases from Board disqualifies Director, 29. 

limitation of action for possession of, 31, 231. 



278 INDEX. 

The figures refer to pages. 

LANDS — Continued. 

sale of Tp. 45, R. 6, 32, 33. 

acceptance of, granted by Congress June 15, 1864, 33. 

Caroudelet School Lands, application of purchase-money, 41. 

Carondelet School Lands transferred to Board, 41. 

list of leases to be returned by Secretary to President of Board of 
Assessors, 43. 

return ^nma facie evidence of facts therein stated, 43. 

act vesting laods granted June 15, 1864, in School Board, 56. 

classification of, by Attorney, 61. 

trespass upon school lands, 79. 

prosecutor unnecessary, 79. 

proceeds of, granted by United States, part of Public School Fund, 
124. 

proceeds sales public lands form part of Public School Fund, 124. 

escheated, form part of Public School Fund, 124. 

meaning of, 157. 

certain property to be assessed as agricultural lands, 209, 210. 
Lands in lieu of Sixteenth Section. 

proceeds to form part of Township School Fund, 126. 

act of Congress granting, 236. 

entry of vests title, 237. 

State selling, estopped to claim Sixteenth Section, 237. 
Permanent Fund. 

granted by State to form, 59. 

granted by United States to form, 59. 

may be disposed of, 60. 

effect of act, 60. 

proceeds to be invested in income-bearing investment, 60, 61. 

surplus from judicial sales to form, 140. 
LAW AND FACT. See Fact. 

what constitutes an outlot a question of, 230. 
LAWFUL ACTS. 

Board may do all, to effectuate objects of corporation, 13. 
LAW OF THE LAND. 

rules must not be inconsistent with, 13. 
LAWS. 

construction of penal laws, 74. 

exempting other property than that specified, void, 182. 
LAWS, CONSTRUCTION OF. See Definitions. 
LEARNING. 

teacher may be removed without questioning, 18. 
LEASE. See Assignation and Bawdy Houses. 

application for renewal of, 22, 23. 



INDEX. 279 

The figures refer to pages. 

LEASE — Continued. 

proceeds of land leased may be loaned, 26. 

interest in property leased from Board disqualifies Director, 29. 

lease of property of Board, Director interested in, void, 29. 

list of land leased to be returned to President of Board of Assessors, 
43. 

return pnma/acie evidence of facts stated therein, 43. 

form of return, 43. 
LEGISLATURE. See General Assembly. 
Liability, /^e directors ; school boards; secretary's bond. 

of sureties construed strictly, 21. 

of custodian of school funds, 38. 
LIBRARY. 

Board may maintain Library and reading room, 44, 50. 

may establish branches, 44, 50. 

charter of Public School Library Society, 44. 

names of incorporators and incoi'poration, 44. 

objects of society, 44. 

qualifications of life members, 44. 

privilege of life members, 45. 

composition of Board of Trustees, 45. 

President of Board, duties of, 45. 

registry to be opened, 45. 

power of Board of Trustees, 45, 46. 

St. Louis School Board may appropriate funds to maiotain, 46. 

property of society exempt from taxation, 46. 

corporation unlimited by what, 46. 

agreement with the Washington University, 46. 

agreement with Public School Library Society, 47. 

Board may change name of Library, 50. 

fees for life membership in, cannot be increased, 50. 

fees and dues exclusively in control of School Board, 50. 

Board may increase non-resident fees and dues, 50. 

no assessment can be made on life members, 50. 

under contract with Washington University Board to expend some 
part of $6,000 on Library annually, 50. 

under contract with Public School Library Society Board must ex- 
pend annually $3,000 on Library, 51. 
LICENSE. 

dog license not a city tax, 10. 

manufacturei's', 101, 

merchants', 102. 

merchants' and manufacturers', IIG. 



280 INDEX. 

The figures refer to pages. 

LIEN, See Mechanics' Lien. 

taxes become a, 136. 

all railroad taxes become a prior lien, 164, 165 
LIFE MEMBERS. See Library, 
LIMITATIONS, STATUTE OF. 

for possession of realty, 31. 

title emanating from government does not take case out of statute, 281. 
LIMIT OF SCHOOL INDEBTEDNESS. 

constitutional provision applies to St. Louis schools, 184. 

amount of, not to exceed yearly income, 186. 

may be increased, how, 186. 

fund to pay interest, etc., 186, 187. 

increase not to exceed five per cent, 186. 
LIMIT OF SCHOOL TAXES. See School Taxes. 
LIMITS. See City Charter, Effect op; City Limits. 
LIQUORS. 

disposing of, to pupils, 128. 

giving money for, in electioneering, 182. 
LIST OF CHILDREN. /See Enumeration. 
LIST OF LEASED LANDS, 

to be returned to President of Board of Assessors by Secretary, 43. 
LIST OF TAXPAYERS, See Enumeration. 
LITERARY PURPOSES. 

use of school house for, 17. 
LITIGATION, 

with Commissioners of Section Sixteen, 58, 59. 
LOAN OF SCHOOL FUNDS. 

interest on, cannot be reduced, 6. • 

Board may lend proceeds of sale or lease of land, 26. 

security may be either real or personal, or both, 26. 

Board may lead, at interest not exceeding ten per cent, 26. 

not exceeding one year, 26. 

additional security demanded, when, 27. 

Director not to borrow from Board, 28. 

proceeds of sale of Section Sixteen to be loaned, 30, 31. 

proceeds of sale, Tp. 45, R. 6, to be loaned, 33. 

security unincumbered realty of double value, 187. 

real and personal security, 137, 192. 

County School Fund to be loaned, 137. 

interest to be from six to ten per cent, 187. 

second mortgage given to secure countj' not void, 198. 

county court may release mortgage and take new one as security, 198. 

any bond good at common-law, sufficient, 193. 

failure to take mortgage does not discharge surety, 193. 



INDEX. 281 

The figures refer to pages. 

LOCAL LAWS. iSee Special and Local Laws. 
LOCALITY OF LANDS. 

depositions touching, 22. 
LOCO PARENTIS. 

teacher stands in, 19. 
LOOSE CONVERSATIONS. 6'ee Contract. 
LOT. See By Lot. 

meaning of, 144. 

MAJORITY OF BOARD. 

constitutes quorum, 20. 
MAJORITY OF ST. LOUIS BOARD OF EQUALIZATION. 

a quorum, 211. 
MAJORITY OF TAX-PAYERS. See Increase of School Taxes. 

voting, shall increase tax for school purposes, 120, 184, 185. 
MAJORITY OF VOTES OR VOTERS. 

candidate must receive, or plurality, 14. 

to increase taxes for school purposes, 120, 184, 185. 

shall control use of school house, 139. 
MALE CITIZENS. 

qualified as voters, 11. 
MALES, FREE WHITE. See Free White Males. 

members of corporation shall be, 5. 

President and Directors shall be, 8. 

voters shall be, 11. 
MALICE. 

director liable for, 8. 
MANAGEMENT OF SCHOOLS. 

Board to make rules for, 13. 
MANDAMUS. 

lies to compel assessment of school taxes, 186 
MANNER, TIME AND PLACE. 

Board to prescribe of elections, 11, 12, 20, 63, 206. 
MANUFACTURERS' TAX. See Merchants' and Manufacturers' Tax. 

amount of tax, 101, 102. 

manufacturer defined, 102. 
MATERIAL MEN. 

Board may enforce bond to secure, 15. 
MAY. 

means "must" in constitution, 54, 189. 
MAYOR. 

not eligible as School Director. 11. 

Commissioners to Re-establish Ward Limits to file report with, 68. 

shall perform duties of county court, 129. 



282 INDEX. X 

The figures refer to pages. 

MEANING OF CERTAIN TERMS. See Definitions. 
MECHANICS' LIENS. 

public school houses not subject to, 16, 23. 
MEETINGS OF THE BOARD. 

absentees maybe compelled to attend, 12. 

disorderly conduct at, may be punished, 12. 

time and place of stated meetings, 20. 

President may call special meeting, 20. 

three members may call, 20 

notice of, to be given members, 20. 

notice in writing, to be given, 20. 
MERCHANTS' AND MANUFACTURERS' TAX. 

has not been collected for schools in St. Louis, 35. 

Ways and Means Committee to enforce collection, 35. 

suit against collector to compel collection of tax decided against 
Board, 85. 

Legislative Committee to present the matter to the Legislature, 35. 

Legislature memorialized, 35. 

amendment suggested to Legislature did not pass, 35. 

Committee appointed to consider matter, 35. 

power to tax merchants, 35 . 

manufacturers to be taxed, 101. 

tax not to be greater than against merchant, 101 . 

manufacturers shall file sworn statement, 101. 

manufacturer defined, 102. 

merchant defined, 102. 

penalty for dealing without license, 102. 

merchants shall pay an ad valorem tax, 103 . * 

bond to be given, 103. 

statement to be filed, when, 103. 

what shall constitute a separate class, 115. 

loM^er rate than on real estate authorized, 115. 

regulation of merchants' and manufacturers' license, 116. 

on increase of school taxes by election, assessment to be made on 
merchants' statements, 120, 121. 

school taxes to be assessed on merchants' statements, 167. 
MILITARY DUTY. 

exemption from, paid, part of County School Fund, 191. 
MINUTES. See Record of Proceedings. 
MISDEMEANOR. 

Director violating certain acts, 28. 

officers of Board violating certain acts, 28. 

discharge of fire-arms, 75. 

injury to school lands, 79. 



INDEX. 283 

The figures refer to pages. 

MISDEMEANOR — Continued. 

injury to school-houses, 79, 122. 

in office, punishment for, 86. 

collection of illegal taxes, 86. 

disturbing school, 89. 

public safety act, violation of, 105. 

failure of public officers to perform duties, 123. 

disposing of liquor to pupils, 128. 

employment of electioneerers, 132. 

voter accepting consideration, 132. 

accepting money for electioneering purposes, 132. 

officers exacting fees or rewards, 138. 

contagious diseases act, violation of, 176. 

building ordinance amended, violation of, 226. 
MISSOURI, STATE OF. See Bonds. 

Convention Ordinance, 195. 

act authorizing formation of, 232. 
MONEY. See Application of Purchase Money 

Directors shall not borrow^ from Board, 28. 

meaning of, 146. 
MONEY, STOCKS, BONDS, LANDS AND OTHER PROPERTY. 

form part of Public School Fund, 124. 

form part of County School Fund, 191. 
MONTH. See School Month. 

meaning of, 156. 
MORAL QUALITIES. 

teacher maybe dismissed without questioning, 18. 
MOVING FROM WARD. 

vacates Director's seat, 28. 
MUNICIPAL ASSEMBLY. See Council of City of St. Louis. 

correction of ward limits by, 202. 

duties of county court to be performed by, 129. 

shall annually fix percentage of taxes, 212. 
MUNICIPAL CORPORATION. 

St. Louis School Board is not a, 6. 

lands or lots belonging to, exempt from taxation, 106. 

shall not aid school for religious or sectarian purposes, 194. 
MUNICIPAL PROPERTY. 

exempt from taxation, 106. 
M'NAIR, ALEXANDER. 

corporator of board for superintending schools, 24. 

NAME. 

of Board, 5. 



^84 INDEX. 

The figures refer to pages. 

NAME — Continued. 

of illegal voters to be given in notice of contest, 13. 

of Henry Ames to be associated with Library, 46, 4T. 

of Library may be changed, 50. 

procuring to be illegally placed on registration list, 65. 

registering under assumed, 65. 

voting under assumed, 65. 
NAVY. 

serving in, disqualifies voter, 65. 
NEEDFUL RULES. 

board may make, 17, 172. 

may be enforced at school, 17. 

teacher may make, 18. 
NEGLIGENCE. 

directors liable for, 8. 

Board liable for gross, 19. 
NEW LIMITS. 

intersection of districts by, 197, 198. 

excess of taxesrefunded, 201, 217. 
NEW MADRID CLAIM. 

location of, on Sixteenth Section void, 235. 
NEW WARDS. 

members from, shall be classed as from old, 20. 
NON- RESIDENT MEMBERS. 

of Library, fees may be increased, 50. 
NON-RESIDENT PUPILS. 

not allowed to attend St. Louis Public schools, 7. 

admission of, 173. ' 

NORMAL INSTRUCTION. 

for colored children, 53. 
NOTICE. See Judicial Notice. 

of contested elections, 18. 

members of corporation presumed to have, of rules, 18. 

teachers presumed to have, of rules, 18. 

of special meetings, 20. 

of sale of school lands, 16th Section, how given, 92. 
of election to increase school taxes, 122, 185. 
of completion of assessment, 209. 
NUMBER OP DIRECTORS. See Board, etc., os St. Louis Public 
Schools. 

OATH. 

"candidates," repealed, 10. 

"test-oath," Directors not required to take, 10. 



INDEX. 285 

The figures refer to pages. 

OATH— Continued. 

judges and clerk of school election must take, 12. 

must be returned with poll books, 12. 

dedimus need not be supported by, 22. 

members must take before judge or justice, 23. 

Secretary and Treasurer to take, before judge or justice, 23. 

Commissioners to Ee-establish Ward Limits to take, 67. 

meaning of, 146. 

officers of election must take, 179. 

St. Louis Board of Equalization shall take, 211. 
OBJECT OF CORPORATION. 

Board may do all lawful acts to effectuate, 13. 

charter may be repealed, 23. 
OBLIGATIONS AND COMPENSATION. 

of Treasurer and Secretary, Board shall prescribe, 21. 

of servants and agents, Board shall prescribe, 21. 
OCCUPANCY. See Appropriation of United States' Lands. 
O'FALLON POLYTECHNIC INSTITUTE. 

agreement respecting, 46. 
OFFENCE. 

member shall not be expelled a second time for same, 12. 
OFFICE. 

person holding city, ineligible to Board, 27. 

collector not giving bond, vacates, 37, 213. 

bidding for, 84. 

selling, 84. 

buying, 85. 

construction of preceding sections, 85. 

grant of, void, when, 85. 

oppression in, 85. 

fraud in, 85. 

conviction, effect of, 85. 

punishment of misdemeanor in office, 86. 

usurping office, 86. 

to be held until successors qualified, 91. 

candidates convicted under electioneering act, 132. 
OFFICERS. See City Officers. 

embezzlement by public, 76. 

loaning public money, 76. 

receiving benefits from deposits, 76. 

punishment for, 77. 

claims corruptly allowed, 77. 

fraudulent disbursement of public funds by, 78. 

bribery of public officer, punishment, 80. 



286 INDEX. 

The figures refer to pages. 

OFEICEES — Contiaued. 

public ofiicer accepting bribes, punishment, 80. 

bribing officer to appoint to office, 81. 

accepting bribe to make appointments, 82. 

accepting office procured by bribery, 82. 

attempting to bribe public officer, 82, 

bribery to procure office, 83. 

accepting bribe to procure office, 83. 

oppression in office, 85. 

fraud in office, 85. 

conviction, effect of, 85. 

punishment of misdemeanor in office, 86. 

shall hold until successors qualified, 91. 

failure of certain officers to perform duties, a misdemeanor, 123. 

duties of, in St. Louis, 118, 129, 1.S0. 

exacting illegal fees, 138. 
OFFICERS OF BOAED. 

obligations and compensation of Treasurer and Secretary, 21. 

obligations and compensation of servants and agents, 21. 

disqualified if violating certain acts, 28. 

guilty. of a misdemeanor if violating certain acts, 28. 

shall not be interested in sale or lease of Board property; 29. 
OFFICEES OF COUNTY. 

duties of, to be performed by city officers, 129, 130. 
OFFICEES OF ELECTION. 

to be sworn, 179. 
OFFICIAL ACTS. 

of Board, how proven, 8, 23, 24. ' 

OFFICIAL CHAEACTEE. 

of school trustees, how proven, 24. 
OMITTED TAXES. See Eailroads, Taxation of. 
ONE HUNDRED YAEDS. See Assignation and Bawdy Houses. 
ONE HUNDEED QUALIFIED ELECTOES. 

on demand of, record to be laid before general meeting, 21. 
OPPEESSIVE CONDUCT. 

director liable for, 8. 
OEDINANCE. 

Board may make, for government of schools, 13. 

of Board, how proven, 23, 24. 

Convention Ordinance, 195. 

accepting United States' grant of land, 196. 

city ordinances, 218. 
ORIGIN OF SCHOOL FUND. 

act authorizing formation of State, 232, 233. 



INDEX. 287 

The figures refer to pages. 

ORPHAN CHILDREN. 

may attend school in any district without paying tuition, 173. 
OUT LOTS. See Appropriation of United States' Lands. 
OWNER, UNKNOWN. See Judicial Sales. 

PARK COMMISSIONER, LAFAYETTE. 

ineligible as School Director, 27. 
PAYMENT OF A CITY TAX. See City Tax. 
PENALTY. <See Felony; Misdemeanor. 
PENAL LAWS. See Construction of Penal Laws. 
PENALTIES AND FORFEITURES. See Fines; Penalties and For- 
feitures. 
PENSIONS. 

allowance by Board illegal, 19. 
PERJURY. 

conviction of, disqualifies voter, 65, 204. 
PERMANENT FUND. See Section Sixteen. 

established, 59. 

income of lands in, only to be used, 59, 60. 

effect of act, 60. 

lands in, may be disposed of and proceeds invested, 60. 

before scheme and charter, lands in, might be used, 60. 

proceeds of, must be placed in income-bearing investment, 61. 

motion to memorallze Legislature respecting, 60. 

memorial to Board respecting, 61. 

remonstrance respecting. 61. 

classification of lands, 61. 

special tax bills may be paid out of, 61. 

Board may use its discretion in investing, 61. 

surplus from judicial sales, 140. 

proceeds of government school lands a permanent fund, 233. 

policy of the law respecting, 238, 234. 
PERSON. 

meaning of, 146. 
PERSONAL PROPERTY. 

meaning of, 157, 
PERSONAL SECURITY. See Loan of School Funds. 
PHYSIOLOGY AND HYGIENE. 

qualifications required of teachers to obtain certificate, 175. 

instruction in physiology and hygiene to be given when patron 
demands it in writing, 175. 

such instruction to be given only to children of patrons demanding 
it, 175. 

teacher not authorized to teach who has not passed an examination 
in physiology and hygiene^ 175. 



288 INDEX. 

The figures refer to pages. 

PLACE OF SCHOOL ELECTIONS. 

time, place and raanuer, Board to prescribe, 11, 12, 20. 
PLUEALITY. 

candidate-elect must receive, or majority, 14. 
POLLS. See Elections. 
POLICY OE THE LAW. 

respecting government school lands, 233, 234. 
POLYTECHNIC, O'FALLON INSTITUTE. 

agreement respecting, 46. 
POLYTECHNIC INSTRUCTION. 

agreement respecting, 46. 

$6,000 to be applied annually, 47, 50. 
POSSESSION. See Appropkiation of United States' Lands. 
PRATTE, BERNARD. 

corporator of board for superintending schools, 24. 
PRECINCTS. See Election of Directors. 

Boar/flmay establish or combine, 11, 12, 63. 

registering in other than residence precinct, 65. 

registering in more than one, 65, 

voting in other than residence precinct, 65. 

voter must reside in, where voting, 204. 
PREFERRED DEBT. 

constitutionality of law, 184. 
PREMISES. 

meaning of, 157. 
PRESIDENT OF BOARD OF ASSESSORS. See St. Louis Board of 

Assessors. 

list of school lands leased, to be returned to, 43. 

bond of, 207. 

qualifications of, 207. 

duties of, 208, 209. 
PRESIDENT OF SCHOOL BOARD. 

powers of corporation shall be vested in, and Directors, 8. 

shall be free white male, 8. 

twenty-one years of age, 8. 

resided in city twelve months, 8. 

citizen of United States, 8. 

paid a city tax, 8. 

Board shall elect one of its own members, 12. 

in case of vacancy in office, 13. 

cannot be elected at meeting held "pursuant adjourment," 13. 

may call special meetings, 20. 

service of process on, 23. 

shall enforce eighth section of School Board charter, 28. 



INDEX. 



289 



The figures refer to pages. 

PRESIDENT OF SCHOOL BOARD — Continued. 

if President require it in writing, collector shall pay Board taxes 
collected oftener than monthly, 36. 

shall suspend member interested in contracts with Board, 42. 

if member expelled. President to call special election, 42. 
PRIMARY DISPOSAL OF SOIL. 

General Assembly shall not interfere with, 194, 233. 
PROBATION. 

teachers may be appointed on, 18. 
PROCEDURE. See Process. 

appearance to suit, 9. 

quo warranto to determine right to directorship, 12. 

notice of application to renew lease, 21, 22. 

copies of writs, etc., may be delivered to President or to two mem- 
bers, 23. 

injunction to restrain void tax, 185, 186. 

injunction to prevent tax does not lie in name of State, 186. 

injunction will lie to prevent sale of school land for taxes, 186. 

tax payer may resist enforcement of illegal tax, 186. 

mandamus lies to compel a.ssessment of school taxes, 186. 
PROCEEDINGS. 

Board may make rules governing their own, 13. 

record of, 21. 
PROCESS. See Procedure. 

service of, 23. 
PROFANE LANGUAGE. 

rule prohibiting, reasonable, 18. 
PROOF OF CORPORATE ACTS. 

need not be by record, 9. 

how made, 23. 

method not limited to that prescribed in charter, 24. 
PROOF OF OFFICIAL CHARACTER. 

how made, 24. 
PROPERTY OF PUPILS. 

liability of Board for loss of, 19. 
PROSECUTOR. 

unnecessary in indictment for trespass, 79. 
PROSTITUTION. See Assignation and Bawdy Houses. 
PUBLIC ACT. See Judicial Notice. 

charter of School Board, 23. 
PUBLIC BUILDINGS. 

how taxes for, on railroads to be levied, 160. 
PUBLIC BUILDINGS IN SCHOOL DISTRICTS. 

taxes for, increased by two-thirds vote at election, 121, 184, 185. 

19 



290 INDEX. 

The figures refer to pages. 

PUBLIC CORPOEA.TION. 

Board of Public Schools a, 7. 
PUBLIC FUNDS. 

embezzlement of, 76. 
loaning, 76. 

receiving benefits from deposits, 76. 
punishment for, 77. 
fraudulent disbursement of, 78. 
speculation in, a felony, 187. 
PUBLIC LANDS. 

proceeds of, form part of Public School Fund, 124, 190. 
PUBLIC LIBRARY AND READING ROOM. See Library. 

Board may maintain, 44, 50. 
PUBLIC LIBRARY. See Library. 

name may be changed, 50. 
PUBLIC OFFICERS, 
embezzlement by, 76. 
loaning public money, 76. 
receiving benefits from deposits, 76. 
punishment for, 77. 
claims corruptly allov^ed by, 77. 
fraudulent disbursement of public funds, 78. 
bribery of, punishment, 80. 
accepting bribes, punishment, 80. 
bribing officer to appoint to office, 81. 
accepting bribe to make appointments, 82. 
accepting office procured by bribery, 82. 
attempting to bribe, 82. 
bribei'y to procure office, 83. 
accepting bribe to procure office, 83. 
oppression in office, 85. 
fraud in office, 85. 
conviction, effect of, 85. 
punishment of misdemeanor in office, 86. 
shall hold until successors qualified, 91. 
failure to perform duty a disdemeanor, 123. 
exacting illegal fees, 138. 
speculation in public funds by, a felony, 187. 
PUBLIC PURPOSES. 

use of school house for, 17, 139. 
PUBLIC SAFETY. 

School Houses. i 

doors to open inward and outward, 104, 105. 
penalty for violation of act, 105. 



INDEX. 291 

Tlie figures refer to pages. 

PUBLIC SAFETY— Coutinued. 

aisles of school room should be capacious, 221. 
fire proof shutters above first floor, 221. 
fire proof shutters may be inside, 221. 
fire proof shutters to be opened from outside, 221. 
fire proof shutters to be closed at night, 221. 
aisles of school room to be free from obstructions, 221, 224. 
fire escapes to be provided, 222, 224. 
penalty for violation of ordinance, 222, 226. 
width of aisles, 223. 
contiguity of seats, 223. 

halls, doors, stairways, etc., shall facilitate egress, 224, 225. 
passage vpays should be capacious, 224, 226. 
sufiicient hall vpays, 224, 225. 
violation of ordinance a misdemeanor, 226. 
PUBLIC SCHOOL EUND. /?6e County School EuND; School Fund; 
State School Eund; Township School Eund. 
Sources derived from. 
proceeds of lands granted by United States, 124, 190. 
money, stocks, bonds, lands, or other property now belonging to any 

fund for purposes of education, 124, 190. 
net proceeds of State tobacco warehouse, 124. 
net proceeds of escheated lands or other property, 124, 190. 
net proceeds of sales of estrays, 124. 
unclaimed dividends and shares from estates, 124, 190. 
fines, penalties and forfeitures, 124. 

proceeds, sales of public lands, if Congress will consent, 124, 190. 
grants, gifts, and devises, 124, 190. 
Income, how invested. 
under direction of State Board of Education, 124. 
in United States or State bonds, 124, 125, 192. 

no part shall be invested in bonds of other State, city, town or cor- 
poration, 192. 
Income, how applied. 
income and twentj'-flve per cent of the State revenue to be applied 

annually to the support of schools, 125. 
account of Public School Eund to be kept by State Auditor, 125. 
State Auditor shall quarterly certify copy of account, 125. 
annual income and so much of the revenue that may be set apart, 

shall go to support of schools, 190. 
origin of School Fund, 238. 
Capital of fund. 
State Auditor to report respecting, to State Board of Education, 125. 
State Board shall invest in United States or State bonds, 125. 



292 INDEX. 

The figures refer to pages. 

PUBLIC SCHOOL FUND — Continued. 

income of fund apportioned, payable annually to counties on warrant 
of State Auditor, 125. 

portion due city of St. Louis to be paid to the School Board on re- 
turn of enumeration, 125, 126. 

apportionment of, 154. 

to be securely invested and sacredly preserved, 190. 

deficiency in. General Assembly to provide for, 190. 

policy of the lavp respecting preservation, 191. 
PUBLIC SCHOOL HOUSES. See Public Safety. 

Board has power to build, 15. 

Board may contract to erect, 15. 

not subject to execution, 16. 

not subject to mechanics' liens, 16. 

use of, for Sunday schools, 17. 

burning school house, 75. 

injury'to, 79, 122. 

condemnation of land for, 119. 

use for religious, literary or o.her public purposes, 139. 

laws regulating the building or repairing of school houses and rais- 
ing money therefor not to be local or special, 178. 
PUBLIC SCHOOL LANDS, ^ee Lands; School Lands. 
PUBLIC SCHOOL LIBRARY. See Library. 
PUBLIC SCHOOL LIBRARY SOCIETY. See Library. 
PUBLIC SCHOOL PROPERTY. See Library. 

Board to have charge and control of, 13. 

Board to make rules for management of, 13. 

extension of city limits, vests in Board, 15, 16, 41, 198, 199. 

not subject to execution, 16. 

not subject to mechanics' liens, 16. 

injury to, 79, 122. 

subject to taxes when, 136. 

board to have care and keeping of, 139. 

exempt from taxation, 182. 

subject to special taxes, 182. 
PUBLIC SCHOOLS. 

disturbing, a misdemeanor, 89. 

laws I'egulating management of, shall not be local or special, 178. 

laws for raising money for management of, shall not be local or spe- 
cial, 178. 

means "common schools," 188. 

General Assembly shall establish and maintain, 188. 
PUBLIC SQUARES. 

exempt from taxation, 106. 



INDEX. 293 

The figures refer to pages. 

PUBLIC USE. See Condemnation of Lands for Public Use; 

Eminent Domain. 

property taken for, compensation must be first made, 177. 

how compensation ascertained, 177. 

appropriation for public school site, is for a, 178. 
PUNISHMENT OF MEMBEES. 

Board may inflict, 12. 

Board may expel on two-thirds vote, 12. 

cannot expel a second time for same offence, 13. 
PUPIL. ' 

attending social party, 17. 

absence of, rule reasonable, 17. 

may be punished by corporal punishment, 18. 

loss of clothing at school, 19. 

disposing of liquor to, 128. 
PUPILS OF ST. LOUIS PUBLIC SCHOOLS. 

Board liable for loss of pupil's clothing when, 19. 
PURCHASE MONEY. See Application of Purchase Money. 
PURPOSES. 

other purposes construed, 165, 166. 
PURSUANT TO ADJOURNMENT. 

election of President at meeting held, void, 13. 

QUARRELLING. 

rule respecting, reasonable, 18. 
QUASI CORPORATION. 

School Board is not, 6. 
QUORUM. 

majority of Board of St. Louis Public Schools, 20. 

smaller number may compel attendance of absentees, 20. 

smaller number may adjourn from day to. day, 20. 

of State Board of Equalization, 148. 

of St. Louis Board of Equalization, 211. 
QUO WARRANTO. 

will lie to determine right to directorship, 12. 

RAILROADS, TAXATION OF. 

districts having railroad property only, can tax, 106, 181. 

tax book to be delivered to collector, 112, 

when collector shall make seizure for taxes, 112. 

levy of, how made, 113. 

officers in St. Louis, duty of, 113. 

county includes St. Louis, 113. 

taxes, when due, 147. 



294 INDEX. 

The figures refer to pages. 

RAILROADS, TAXATION OF — Continued, 
rate of taxation, 159. 
omission of court to levy, 159, 160. 
taxes illegally levied, 159, 160. 
taxes erroneously levied, 159, 160. 
taxes sliall not exceed constitutional limit, 160. 
shall become due, delinquent, subject to penalty as other railroad 

taxes, 160. 
upon what basis the vat^ of taxation shall be levied, 160. 
how railroad school taxes are to be distributed, 162, 167, 181. 
county clerk shall extend taxes on tax-book, 163. 
form of railroad tax-book, 163. 
■county clerk to certify to chief officer of railroad statement of taxes, 

164. 
what the certificate shall contain, 164. 

taxes when levied become a prior lien in favor of State, 164, 165. 
all railroad property subject to taxation, 164, 180, 181. 
penalty for delinquent taxes, 165. 
when railroad taxes unpaid become delinquent, 165. 
"and for other purposes," construed, 165, 166. 
section 6880 Revised Statutes 1879, does not violate either State or 

Federal constitutions, 166. 
act providing for distribution of railroad taxes is constitutional, 

166, 167. 
under section 6880 Revised Statutes 1879 taxes on railroads could 

only be levied for " school purposes," 167, 181. 
building houses, railroads not taxed for under old law, 181. 
constitutiouality of act, 181. 
distribution of taxes, 181. 
RAISING MONEY. 

for building school houses, shall not be by local or special laws, 178. 
for repairing school houses, shall not be by local or special laws, 

178. 
for management of public schools, shall not be l^y local or special 
laws, 178. 
RATE OF SCHOOL TAXES. 

School Board shall determine, 36, 216. 
resolution of the Board, 36, 216. 
how ascertained, 183, 184. 
RATIFICATION. 

act of director must be authorized or ratified, 8, 9. 
use of supplies purchased without authority not a, 9. 
READING ROOM. 

Board may maintain, 44. 



INDEX. 295 

The figures refer to pages. 

EEAL ESTATE. >See Judicial Sales. 

meaning of, 157. 
REAL PROPERTY. 

meaning of, 157. 
REASONABLE TIME. 

Directors may qualify in, during term, 27. 
RECORDER. See Appropriation of United States' Lands. 
RECORDER OF DEEDS. 

duties respecting assessment, 209. 
RECORDER OF VOTERS. 

to assist Commission to Re-establish Ward Limits, C8. 

duty of, 204. 
RECORD OF PROCEEDINGS. 

official acts need not be proved by I'ecord, 9. 

Board shall cause to be Ivept, 21. 

Board shall lay before General Assembly when requiriMl, 21. 

Board sliall lay before general meeting of inhabitants when, 
21. 

Board may call meeting of inhabitants to lay before, 2) . 
REGISTER. See City Register. 
RE-ESTABLISH WARD LIMITS. See Commission to Re-establish 

Ward Limits. 
REGISTER OF ATTENDANCE. 

teachers shall keep, 123. 

to be open to inspection of public, 123. 
REGISTRATION OF VOTERS. 

in cities of one hundred thousand inhabitants, 64, 180. 

illegal registration, punishment of, 65. 

Legislature shall provide'for, in certain cities, 180. 

persons entitled to register, 204. 

when they may register, 205. 

duties of register, 204. 
REGULATING SCHOOL DISTRICTS. 

laws, shall not be local or special, 178. 
RELIGIOUS ASSEMBLIES. 

disturbing, 89. 
RELIGIOUS PURPOSES. 

use of school house for, 17, 138. 
RELIGIOUS SCHOOLS. 

not to be supported by public funds, 194. 
RELIGIOUS WORSHIP. 

property used for, exempt, 106. 
REMOVAL FROM CITY. 

vacancy in Board caused by, filled by election, 20. 



296 INDEX. 

The figures refer to pages, 

KEMOVAL OF TEACHERS. 

cause for, a question of fact, 8. 

may be removed before end of year, 18. 

may be removed for cause he cannot control, 18. 
RENEWAL EUNDING BONDS. 

issue of, 116. 

description of, 116. 

exchange and sale of, 117. 

no commission allowed, 117. 

redeemed bonds to be destroyed, 118. 

tax levy for annual interest, 118. 

tax levy for sinking funds, 118. 
RENEWING CHARTERS. 

shall not be by local or special law, 178. 
RENEWAL OF LEASES. 

application for, 21, 22. 

declarations of deceased Secretary respecting, 22. 
REPRESENTATIVE CAPACITY. 

election by persons in, viva voce, 180. 
RESIDENCE. /See Directors; Voters. 

all free white residents of city, members of School Board corporation, 5. 

in St. Louis, disqualifies as juror when Board a party to suit, 7. 

non-resident children, 7, 173. 

to qualify voter, 11, 179, 204. 

to qualify Director, 28, -10. 

meaning of, 157. 
RESIGNATION. 

of President, Vice-president takes place, 13. • 

of Director, vacancy to be filled by election, 20. 

of city oflicer, qualifies as Director, 27. 
RESOLUTION OF BOARD. 

how proven, 23, 24. 

respecting tax, copy to be given county clerk, collector and register^ 
36, 216. 

Board may adopt previous enumeration by, 62. 
RETURNS OF ELECTIONS. See Elections. 

fraud in casting up, 89. 
RETURNS OF SCHOOL ELECTION. See Election of Directors. 

Board, judge of, 12. 
REVENUE. ^S-ee Taxes. 

of St. Louis Public Schools, act in relation to, 34. 

sources of, of St. Louis School Board, 191. 
ROMAN NUMERALS. 

use of, 157. 



INDEX. 297 

The figures refer to pages. 

RULES. See Definitions. 

all members of School Board incorporation presumed to have notice 

of, 13. 
Board may make, for management of schools and school property, 13, 
Board may make, for their own proceedings, 13. 
made by Board must be consistent with law of the land, 13. 
Rule 9 interpreted, 13. 
Rule 77 interpreted, 13. 
illegal rules void, 15. 

absence of pupil, reasonableness of rule, 17. 

court will not inquire into i-easonableness of rules in certain cases, 17. 
must be a plain case for court to interfere, 17. 
court will not enforce illegal rule, 17. 
controlling pupil at home illegal, 17. 
needful, maybe enforced, 17. 
teachers may make needful rules, 18. 

quarreling and profane language, rule as to, reasonable, 18. 
teachers presumed to have notice of, 18. 
teachers may be removed befoi'e end of year, reasonable, 18. 
vaccination, rule as to, proper, 18. 

school boards have power to make all needful rules, 172. 
when rules take effect, 173. 
copy of, to be transmitted to teachers, 173. 

SACREDLY PRESERVED. 

capital of Public School Fund shall be, 190. 

capital of County School Fund shall be, 191. 
SAFETY. See Public Safety, 
SALE OF SCHOOL LANDS. 

interest in, disqualifies Director, 29, 

State cannot abrogate, 91, 235. 

not repugnant to grant, 234. 

not unconstitutional, 234. 
SALES. See Judicial Sales. 
SAME OFFENCE. 

member cannot be expelled a second time for, 12. 
SANITARY MEASURE. 

vaccination, 18. 
SCHEME, EFFECT OF. See Adjustment under Scheme. 
SCHOOL AGE. 

from six to twenty, 188. 

proposed change to from five to twenty, 188. 

constitution requires free instruction to persons of, 188, 189, 

constitution prohibits free instruction to persons not of, 188, 189. 

Board cannot instruct persons not of, for pay, 189. 



298 INDEX. 

The figures refer to pages. 

SCHOOL BOAEDS, SCHOOL DIRECTORS, SCHOOL TRUSTEES. 

See Board, etc., of St. Louis Public Schools; Directors; In- 
crease OP School Taxes. 

board to call election for increase of school taxes, 120 121.. 

shall have care and keeping of school house, 138. 

board shall provide apparatus, 138. 

shall provide fuel, etc., 139. 

shall cause an accurate account to be kept, etc., 139. 

power to make all needful rules, 172. 

when rules take effect, 173. 

copy to be transmitted to teachers, 173. 

power to suspend or expel pupil, 173. 

may admit non-resident pupils, 173. 

tuition fee of same, they shall fix, 173. 

orphan children and apprentices not to pay a fee, 173. 
Individual Directors. 

liable for acts outside of scope of authority, 8. 

liable for certain conduct, 8. 

acts to be valid, must be authorized or ratified, 8. 

liable for negligence, 8. 

cannot alter a contract, 8. 

iiot liable on note given for building school house, 8. 

appearance to suit entered by member, binds board, 9. 

appeai'ance may be entered without formal consent of board, 9. 

cannot purchase supplies, 9. 

may employ attorney for Board, 9. 

quo warranto will lie to establish right to ofiice, 12 . 

proof of ofiicial character, 24. 
SCHOOL BONDS. See Bonds. 
SCHOOL BUILDINGS. 

increase of tax to erect, 121. 
SCHOOL DAY. 

shall consist of six hours, 172. 
SCHOOL DISTRICTS. /S'ee Adjustment under Scheme; Railroads, 

Taxation of. 

city of St. Louis, a school district, 173. 

laws regulating affairs of, not to be local or special, 178. 

laws changing lines of, not to be local or special, 178. 

laws prescribing duties of officers in, not to be local or special, 178. 

laws creating officers in, not to be local or s^pecial, 178. 

not maintaining school three months annually, nof. entitled to school 
fund, 188. 

shall not aid schools for religious or t-ectarian purposes, 194. 

intersected by city limits, 197, 198. 



INDEX. 299 

The figures refer to pages. 

SCHOOL ELECTIONS. See Elections; Election op Directors. 
SCHOOL FUNDS. See County School Fund; Permanent Fund; 
Public School Fund; Township School Fund. 
liability of custodian of, 38. 
application of, 54. 

State Auditor to report to State Board of Education, money belong- 
ing to capital of Public School Funds, 54. 
State Board of Education shall invest same in United States' or Mis- 
souri State bonds, 54. 
income to be distributed for support of public schools shall be paid 

to counties immediately after apportionment, 55. 
portion due St. Louis County in 1877 to be paid School Board, 55. 
School Board and county court to apportion, 55. 
in and after year 1877 State Superintendent to apportion to City of 

St. Louis its share, 55. 
in and after year 1877 portion due city to be paid to Board, 55. 
Board to return enumeration of children, 55. 
State Auditor to draw warrant in favor of county treasurers, 55. 
State Auditor to draw warrant in favor of St. Louis School Board, 55. 
county courts shall collect and invest, 137. 
rate of interest, 137. 
security, real and personal, 137. 
policy of the law as to preservation, 191. 
Attorney reports all sources of school revenue to Board, 191. 
SCHOOL HOUSES. See Public School Houses. 
SCHOOL INDEBTEDNESS. 

amount not to exceed yearly income, 186. 
may be increased how, 186. 
increase not to exceed five per cent, 186. 
fund to pay interest, etc., 187. 
SCHOOL LANDS. See Appropriation of United States' Lands; 
Judicial Sales; Permanent Fund. 

purchaser of, not relieved in equity on ground tli^t sale was illegal, 6. 
acts vesting, 22, 56. 
depositions touching, 22. 
Board to take possession of, 22. 
Board shall dispose and apply, 22. 
construction of acts relating to, 91. 
injury to, 122. 
taxable when, 106, 136. 
SCHOOL MONTH. 

shall consist of four weeks, 172. 
SCHOOL PURPOSES. 

increase of tax for, 120. 

railroads taxed for, only, under old law, 181. 



300 INDEX, 

The figures refer to pages. 

SCHOOL PEOPERTY. See Public School Property. 
SCHOOL ROOM. 

weapons in, penalty for, 169. 
SCHOOLS. See Public Schools. 

disturbing, a misdemeanor, 89. 
SCHOOL TAXES. See Increase of School Taxes; Insurance Com- 
panies; Railroads, Taxation of. 

collected annually, 34. 

to be paid School Board, 34. 

school taxes to be collected in same manner as other taxes, 36. 

collector to pay Board once a month, 36. 

oftener if required in writing by the President, 36. 

collector to collect, 36, 127. 

rate to be fixed by Board, 36, 216. 

how payment enforced, 39. 

duty of county clerk, 39, 

how assessed, 39, 184. 

collector to collect delinquent school taxes, 127. 

delinquent school taxes to be paid county treasurer, 128. 

how to be levied on railroads, 160. 

record to be kept by county clerk in " school tax book," 168. 

form of school tax book, 168. 

names and property of persons not residing in school district to be 
listed, 168. 

all lands and lots in unorganized districts to be listed, 168. 

tax levy to be made upon such property, 168. 

increase of, 183, 184. 

mandamus to compel assessment, 186, 

excess in extended limits, 201, 216, 217. 
Limit of. 

county clerk shall assess all property, real personal and mixed, 
including merchants' statements, 167. 
Levy not to exceed. 

for building purposes in districts formed of cities, towns and villages, 
168, 183. 

in other districts, 168. 

for school purposes in districts formed of cities, towns and villages, 
168, 183. 

in other districts, 168, 183. 

for sinking fund, 168. 

sufficient to pay interest on bonded indebtedness, 168. 

limited by constitution, 183, 184. 
SCHOOL TIME. 

how divided, 172. 



INDEX. 301 

The figures refer to pages. 

SCHOOL WEEK. 

shall consist of five days, 172. 
SCHOOL YEAR. 

July 1st to June 30, following, 172. 
SCOPE OF AUTHORITY. 

directors liable for acts outside of, 8. 
SECOND TIME. 

director cannot be expelled for same offense a, 12. 
SECRETARY. See Board, etc., of St. Louis Public Schools; Treas- 

UKER AND Secretary. 

Board shall appoint, 21. 

shall prescribe duties, compensation, etc., 21. 

bond of, 21. 

liability of sureties for acts of Assistant, 21. 

declarations of deceased, 22. 

applications for renewal of leases may be served upon, 21, 23. 

shall take oath before judge or justice, 23. 

return of leases to President of Board of Assessors, by, 43. 
SECRETARY OF STATE. 

member of State Board of Equalization, 187. 

member of State Board of Education, 188. 
SECTION SIXTEEN. See Commissioners of Section Sixteen. 

act vesting in St. Louis School Board, 67. 

State cannot abrogate sale of, 91, 235. 

notice of sale, how given, 92. 

price not to be less than one dollar and a quarter per acre, 92. 

may be offered for sale once each year, 92. 

shall be sold in forty acre lots, 92. 

how divided, 92. 

may be sold in less than forty acre lots when, 92. 

not subject to location of New Madrid claim, 92, 235. 

bond for purchase money to be given, 93. 

certificate of purchase to be given, 93. 

purchaser entitled to patent when, 93. 

abstract of lands to be furnished register of lands, 93. 

patent to issue on payment of purchase money, 93. 

how patents signed and attested, 94. 

purchaser may receive patent at time of sale, 94. 

addidonal security may be required, 94. 

if not given, contract violated, 94. 

compensation of sheriff, 95. 

compensation of clerk and treasurer, 95. 

when court may sell on petition of less than fifteen inhabitants, 95. 

majority may petition to lease, 95. 



302 



INDEX. 



The figures refer to pages. 

SECTION SIXTEEN — Continued. 

notice of such intended petition, 95. 

court may order leasing, when, 96. 

conditions and stipulations of leases, 96. 

how approved before taking effect, 96, 97. 

proceedings upon breach of, 97. 

rents to be paid into county treasury, 97. 

sales may be annulled, when and how, 97. 

purchase money to be refunded without interest, 98. 

selections in lieu of Sixteenth Section, wiien and how made, 98. 

governor may appoint person to make selection, when, 99. 

duty of person selected — report — pay, 99. 

governor to reporb selections to county, how, 99. 

slieriffs to sell such lands, how, 99. 

suits, by whom prosecuted, iOO. 

sheriffs may bid in lands for townships, when, 100. 

certificates of purchase may be assigned, 100. 

patents may issue to assignees, when, 100. 

clerks of county courts to report selections of certain lands to 

register, when, 100, 101. 
distribution of fund when Section Sixteen has been sold, 126. 
sale of fractional part of, 133. 
acceptance of grant by Ordinance, 196. 
act of Congress granting, 232. 
survey unnecessary to vest title, 232. 
was granted as a permanent fund, 233. 
sixth section of act construed, 233. 
the origin of School Fund, 233. 
sale of, not repugnant to grant, 234. 
sale of, not unconstitutional, 234. 
vested in State for use of schools, 285. 
grant did not include common field lots, 236. 
land granted in lieu thereof, 236. 

after sale of lands in lieu of. State could not claim, 237. 
entry of lands in lieu, vested title, 237. 
Division of Proceeds in Tp. 45, R. 7. 
one-fourth to be applied outside city, 51. 
to be managed by county court, 52. 
to be divided under act, Feb'y 28, 1874, 52. 
to be applied under act March 27, 1875, 52. 
what constitutes disposition of Sixteenth Section under act March 

20, 1820, 92. 
when title of State to, is superior, 92. 
when townships estopped from claiming Sixteenth Section, 92. 



INDEX. 305 

The figures refer to pages. 

SECTION SIXTEEN — Continued. 

when government title passes, 92. 

proceeds of Section Sixteen or lands in lieu, for.n part of Township 
School Fund, 126. 
SECTARIAN PURPOSES. 

Schools for, shall not be supported by public funds, 194. 
SELLING LIQUOR TO STUDENTS. 

punishment for, 128. 
SEPARATE SCHOOLS. See, Colored Schools. 

school boards failing to maintain, county court may, 150. 

separate free schools shall be established for children of African 
descent, 189. 

Board must maintain, for colored children, 189. 

Board cannot be forced to admit colored children into white schools, 
189. 

Board must maintain high school for colored pupils, 189. 
SERVANTS AND AGENTS. 

Board shall appoint necessary, 21. 

Board shall prescribe duties, compensation, etc., 21. 
SERVICE OF PROCESS. /S'ee Procedure. 
SETTING FIRE. See Arson. 
SHARES OF CAPITAL STOCK. 

meaning of, 145. 
SHUTTERS. See Public Safety. 
SIGNATURE. 

how made, 156. 
SINKING FUND. 

tax levy for, 118. 

may be invested how and when, 118. 
SHERIFF. 

shall collect all fines, penalties and forfeitures, 110. 

shall settle for, at each terra of court, 110. 
SIXTEENTH SECTION. See Section Sixteen. 
SPECIAL AND LOCAL LAWS. 

certain laws not to be, 178, 194. 

city of St. Louis to be assessed by general laws, 2C6. 
SPECIAL ELECTIONS. 

not to take place within ninety days of general, 12. 

may be called when, 40, 42, 153. 

county court to call, 153. 

county court to appoint judges of, 158. 

returns to be certified to county court, 153. 

county court to issue certificates, 153. 



304 INDEX. 

• The figures refer to pages. 

SPECIAL MEETINGS. 

of School Board, how called, 20. 
SPECIAL TAXES. 

School Board liable for, 182. 

" exempt from taxes of every kind " does not Include, 182. 

may be paid out of Permanent Eund, 61. 
PECULATION IN SCHOOL FUNDS. 

a felony, 187. 
STATE. 

meaning of, 156. 
STATE AUDITOR. 

to report to State Board money belonging to capital of School 
Eands, 54, 125. 

to draw warrant in favor of county treasurers, 55, 125. 

to draw warrant in favor of the St. Louis School Board, 55, 125. 

shall lay before State Board of Equalization abstracts, 107. 

shall certify action of State Board to county clerks, 107. 

shall keep account of Public School Eund, 125. 

shall certify copy of account to State treasurer, 125. 

amount of Public School Fund apportionment, to be certified to him, 

154:. 

member of State Board of Equalization, 187. 
STATE BOARD OF EDUCATION. 

shall invest school funds in bonds, 54, 125. 

shall sue for perversion of funds arising from school lands, 123. 

shall have general supervision of educational interest^, 123, 
188. 

to direct investment of school funds, 123. 

to apply grants and devises, 123. 

shall sue for perversion of State School Funds, 124. 

shall consist of, 188. 
STATE BOARD OF EQUALIZATION. 

powers of, 106. 

shall equalize valuations, how, 107. 

compensation, biennial meetings, 107. 

result to be certified to county clerk, 107. 

shall meet when and where, 148. 

quorum, oath, record of proceedings, 148, 149. 

shall consist of, 187. 

duties of, 187. 
STATE BONDS. 

Public School Fund may be invested in, 125, 192. 
STATED MEETINGS. See Board, etc., of St. Louis Public Schools. 



INDEX. 



The figures refer to pa-^es. 



305 



STATE OF MISSOURI. 

lands and other property belonging to, exempt from taxation, 105. 

Convention Ortlinance, 195. 

act authorizing formation of, 232. 
STATE PROPERTY. 

exempt from taxation, 105. 
STATE SUPERINTENDENT OF PUBLIC SCHOOLS. 

shall apportion to St. Louis its share of School Fund^^, 55, 125. 

abstract of returns shall be sent him, 127. 

shall apportion Public School Fund, 154. 

shall certify amount to State Auditor, 154. 

shall be President State Board of Education, 188. 
STATE TOBACCO WAREHOUSE. 

proceeds of, part of Public School Fund, 124. 
STATE tREASURER. 

copy of account of School Fund to be certified to, 125. 

member of State Board of Equalization, 187. 
STATE UNIVERSITY. 

General Assembly shall aid and maintain, 189. 

government of, 190. 
STATUTE OF LIMITATIONS. 

action for possession of realty, 31. 

applies to land granted by United States, 231. 
STATUTES. 

Board may mai^e, 13. 

how proven, 23, 24. 

rules for construction of, 156. 
ST. LOUIS. See City of St. Louis. 
ST. LOUIS BOARD OF ASSESSORS. See District Assessors; 

Assessment. 

of whom it shall consist, 207. 

members shall give bond, 207. 

duty of district assessors, 207. 

assessment shall commence when, and end when, 207. 

they shall report to the President of the Board, 207. 

reports to be verified, 207. 

qualifications of assessors, 207, 208. 

the President of the Board shall superintend the work of district 
assessors, 208. 

shall have charge of oflice, maps, books, etc., 208. 

other duties of President, 208. 

he may appoint deputies, 208. 

he shall be at his office during business hours, 209. 

shall have assessment books made up, 209. 
20 



306 INDEX. 

The figures refer to pages. 

ST. LOUIS BOARD OF ASSESSORS — Continued. 

form of assessment books, 209. 

notice of completion of asses-iment boolss, liow given, 209. 
ST. LOUIS BOARD OF EQUALIZATION. 

sliall consist of, 210. 

shall meet when, 210. 

duty of, 210. 

shall continue in session, how long, 210, 

powers and duties of, 210, 211. 

quorum of, 211. 

compensation of, 211. 

shall take oath, 211. 

shall keep record, 211. 
ST. LOUIS SCHOOL BOARD. See Board, etc., of St. Louis Public 

Schools. 
STOCKS. 

meaning of, 145. 
STODDARD SCHOOL. 

loss of pupil's clothing in, 19. 
SUB-CONTRACTOR. 

Board may enforce bond to secure, 15. 
SUBJECT AND OBJECTS OF TAXATION. 

taxes for school purposes to be levied on all, 183. 
SUCCESSORS. 

Board members to hold until qualified, 20, 40. 

public officers to hold office, until successors qualified, 91. 
SUFFRAGE AND ELECTIONS. See Elections. 
SUNDAY SCHOOLS. 

Public School houses used for, 17, 139. 
SUPERINTENDENT OF SCHOOLS. See State Superintendent of 

Public Schools. 
SUPPLIES. 

individual directors cannot purchase, 9. 

use of, thus purchased not a ratification, 9. 

Director interested in furnishing, to be suspended and expelled, 42 
SUPPORT OF RELIGIOUS OR SECTARIAN SCHOOLS. 

shall not be aided by public funds, 194. 
SURETIES. 

liability strictly construed, 21. 

liability of, on Secretary's bond, 21. 

when Jiable on Treasurer's bond, 37, 38. 

of public officer, only responsible for performance of duty required 
by law, 37. 

on auditor's bond, not liable, when, 37. 



INDEX. 307 

The figures refer to pages. 

SUKETIES — Continued. 

failure to take mortgage to secure scliool loan does not release 
sureties, 193. 
SURPLUS FUNDS FROM JUDICIAL SALES, ^'ee Judicial Sales. 
SUSPENSION OF PUPIL. 

for absence, 17. 
SWORN. See Oath-. 
SWORN OR CERTIFIED COPY. 

proof of corporate acts of Board, 23. 

TAXATION OF BOATS AND VESSELS. 

where assessed, 118. 

j-ate of taxation, 114. 

how collected, 114. 

wharfage, how collected, 114. 

certificate of assessor to return, 114. 
TAXATION OF CORPORATIONS. /See Railroads, Taxation of. 

corporations, how assessed, lOS. 

who to deliver lists of corporate stock, 108. 

private bankers, etc., to make what returns, 10!). 
TAXES. /See Assessment; Exe.mption from Taxatiox; Inckease of 

School Taxes; Judicial Sales; Merchants' and MANUFAtTURERs' 

Tax; Railroads, Taxation op. 

President and Directors shall have paid a city tax, 8, 10. 

dog license not a tax, 10. 

voters shall have paid a city tax, 11. 

school tax in St. Louis to be levied on all property made taxable by 
law, 34. 

St. Louis school tax to be paid Board, 34. 

school taxes to be levied and collected aunually in St. Louis, 34. 

merchants' and manufacturers' tax, 35. 

St. Louis school tax to be collected as other taxes, 36. 

St. Louis school taxes to be paid Board monthly, 36. 

oftener if required in writing by President, 36. 

Board to determine rate of school taxes, 36, 216. 

assessment for school taxes same as for other purposes, 39. 

assessment enforced in same manner, 39. 

manner of assessing and amount of school taxes, 39, 184. 

special taxes may be paid out of Permanent Fund, 61. 

collection of illegal, 86. 

taxation of insurance companies, 91. 

exemption from taxation, 105, 106, 152, 182. 

when school lands taxable, 106, 136. 

what taxes are to be assessed, levied and collected, 111. 



308 INDEX. 

The figures refer to pages. 

TAXES — Continued. 

city collector lo collect State taxes in St. Louis, 111. 

and to perform duties respecting collecting taxes which county col- 
lector did, 111. 

city council to perform duties respecting assessing and collecting 
revenue formerly done by county court, 111. 

increase for school purposes, 120. 

increase for school buildings, 121. 

collector shall collect school taxes, 127. 

collector shall collect delinquent taxes, 127, 128. 

delinquent taxes to be paid to county treasurer, 128. 

lien of, 136. 

in sales of real estate for, disposition of surplus, 139. 

railroads subject to school taxes, 164, 180, 181. 

special taxes. Board not exempt from, 182. 

rate in districts for school purposes, 183. 

for schools to be levied on all subjects of taxation, 183. 

rebate on tax bills, 214. 

excess in new city limits to be remitted, 217. 
TEACHERS. 8ee Corporal Punishment. 
incompetency of, a question of fact, 8. 
cause for removal a question of fact, 8. 
employment need not be proved by the record alone, 9. 
contract of employment need not be in writing, 9. 
notice of and consent to rules implied, 18. 
may be removed before end of year, 18. 
may be dismissed for causes they cannot control, 18. 
may make needful rules, 18. 
may be appointed on probation, 18. 
may be appointed in vacation, 18. 
may be removed without questioning capacity, 18. 
conduct towards pupil, 18. 
may inflict corporal punishment, 19. 
stand in loco parentis, 19. 
pensions cannot be legally allowed them, 19. 
St. Louis teachers not required to have State certificate, 66. 
shall keep register of attendance, 128. 
copy of rules to be transmitted to teachers, 173. 
exempt from jury service, 174. 

qualifications necessary to obtain State certificate, 175. 
not authorized to teach unless passed an examination in physiology 
and hygiene, 175. 
TECHNICAL WORDS. 
how construed, 156. 



INDEX. 309 

The figures refer to pages. 

TECHNOLOGICAL HVTSTRUCTION. 

agreement respectiug, 46. 
TERM OF DIRECTORS. 

three years, 19, 215. 
TEST OATH. 

Directors not required to take, 10. 
THANKSGIVING DAY. 

a holiday, 172. 
THREE MONTHS DURING THE YEAR. 

school must be maintained, to share funds, 155, 188. 
TIME. See School Time. 

of payment of city tax by director, 10. 

time, place and manner of elections, 11, 12, 20". 

how computed, 156. - 
TITLE. See Appropriation of United States' Lands. 

to lands granted by Congress, deposition to be taken, 22. 

to lands granted by Congress, vested in School Board, 22. 

interest in, adverse to Board disqualifies Director, 29. 

act of March 26, 1845, does not affect, 29. 

treaty and legislation recognize titles to government school lands, 229 

steps necessary to perfect title, 230. 

section two, act of June 13, 1812, does not pass, 230. 

title could be proved by parol, 231. 

entry of land vested title, 237. 

recorder's certificate oyily prima facie evidence of, 239. 
TOWN. 

meaning of, 157. 
TOWNSHIP. 

shall not aid schools for religious or sectarian purposes, 194. 
Legislature shall not pass local or special laws : 

regulating affairs of, 178. 

erecting new, 178. 

changing lines of, 178. 

prescribing powers and duties of oflicers in, 178. 

creating ofiices in, 178. 
TOWNSHIP SCHOOL FUND. 

county clerk to take measures to secure townships their portioii of 
fund, 126. 

distribution of funds when township lies in two counties, 126. 
shall consist of 

proceeds of Sixteenth Section or lands in lieu, 126, 

interest of such proceeds, 126. 

rents and profits of such lands, 126. 

all school money apportioned to unorganized townships, 126. 



310 INDEX. 

The figures refer to pages. 

TEEASURER. See County Treasurer. 
TREASURER AND SECRETARY. See Secretary. 

Board shall appoint, 21. 

Board shall prescribe duties, compensation, etc., 21. 

to take oath before judge or justice, 23. 

when sureties liable on treasurer's bond, 37. 

procedure on bond, 38. 
TRESPASS. See Injury to School Lands. 
TWENTY-ONE YEARS. 

President and Directors must be of age, 8. 

voters must be of age, 11, 64. 
TWO-THIRD VOTE. 

Director may be expelled on, 12, 42. 

increase of tax for school buildings, 121, 184, 185. 
TWO HUNDRED YARDS. 

immediate vicinity, 75. 



UNDER LEGAL DISABILITY. 

meaning of, 157. 
UNITED STATES, ^'ee Army. 

President and Directors must be citizens of, 8. 

voter, a citizen of, 11. 

buildings and furnitui'e of, exempt from taxation, 105. 

lands or lots granted by, for purposes of education, 106. 

proceeds of lands granted bj^, to form part of Public School Fund, 124. 

Public School Fund, capital and income may be invested in bond* 
of, 124, 125, 192. 

meaning of, 156. 

statute of limitations applies to lands granted by, 231. 
UNIVERSITY, STATE. 

General Assembly shall aid and maintain, 189. 

government of, 190. 
UNIVERSITY, WASHINGTON. 

agreement with, 46. 
USE. /See Public Use. 
USE OF PUBLIC SCHOOL HOUSE. 

for Sunday-school, 17. 

I'eligious, literary or other public purposes, 17, 138. 
USUAL ELECTION. 

same as general election, 12. 
USURPING OFFICE. See Office. 



INDEX. 311 

The figures refer to pages. 

VACANCY. 

not to be filled if within ninety days of general election, 12. 

in Presidency, Vice-president to perform duties, 13. 

in Schools Board, how tilled, 20. 

caused by removing from ward to be filled speedily, 28. 

caused by change of ward boundaries, 40. 

special elections to fill, 40. 

President to call special election to fill, when, 42. 
VACATES OFFICE. 

vacancy to be filled as if he had resigned, 37. 

failure of collector to give bond, 37, 213. 

change in ward boundaries vacates Directors' seats, 40. 
VACATION. 

teacher may be re-appointed in, 18. 
VACATION (IN). 

meaning of, 158. 
VACCINATION. 

rule requiring, proper, 18. 
VESTS. 

power of Board vested in President and Directors, 8. 

extension of city limits vests school property in Board, 15, 41. 

acts vesting land in St. Louis School Board, 22, 56. 

act vesting Sixteenth Section in School Board, 57. 

entry of land vested title, 237. 
VIVA VOCE. 

elections in Board to be, 15, 180. 

elections by persons in representive capacity shall be, 180. 
VICE-PRESIDENT. 

to perform duties of President in vacancy, 13. 
VICINITY. See Immediate Vicinity. 
VOID TAX. 

injunction will lie to restrain, 185, 186. 
VOID. 

election of President at meeting held "pursuant to adjournment," 13. 

illegal rules, 15. 

lease from Board in which Director or ofiicer is interested, 29. 
VOTER, VOTES, VOTING. See Ballots ; Elections \ Election op 

Directors; Registration. 

School Board charter provisions obsolete, 11, 12, 206. 

city tax, must have paid, 11. 

free white male, 11. 

citizen of United States, 11, 64, 179, 203. 

resident of city, 11, 179,204. 

age, over twenty-one years, 11, 64, 179,204. 



312 INDEX. 

The figures refer to pages. 

VOTER, VOTES, VOTING — Continued. 

city charter provisions respecting, govern school elections, 12. 

names of illegal, in notice of contest, 13. 

majority or plurality to elect, 14. 

in School Board to be viva voce, 15. 

city officers, voters for, qualified to vote for School Directors, 63. 

declaration of intention to become citizen, 64, 179, 208. 

resident of State one year, 64, 179, 204. 

resident of district, 64, 204. 

service in navy, disqualifies, 65. 

bet or wager, interest in, disqualifies, 65, 204. 

bribery, conviction of disqualifies, 65, 204. 

infamous crime, conviction of, disqualifies, 65, 204. 

perjury, qonviction of, disqualifies, 65, 204. 

service in army disqualifies, 65, 204. 

accepting bribe, 88. 

offering to bribe, 84. 

illegal voting, 86. 

intimidating voters, 86. 

election frauds, 86. 

defrauding voters, 87. 

importing fraudulent, 87. 

fraudulent voting, 87. 

attempt to cast illegal vote, 87. 

majority of, may control use of school house, 139. 

persons convicted of certain crimes disqualified, 148. 

voter shall vote in residence-precinct, 203. 

registration of, 204. 

voter may be challenged, 205. 

WAGEE. 

interest in, disqualifies voter, 65, 204. 
WANTON CONDUCT. 

director liable for, 8. 
WARD. See Commission to Re-establish Ward Limits. 

Board shall consist of two members from each ward, 11. 

members from new wards to be classed as fro.n old, 20. 

Director moving from, vacates his seat, 28. 

Director must have resided in ward, time required, 28, 40. 

Director holds when boundaries changed, until successor qualifies, 
40. 

when wards more than ten, 40. 

changing ward boundaries vacates directors' seats, 40. 

School Directors not to exceed number of wards, 63. 



INDEX. 313 

The figures refer to pages. 

WARD — Continued. 

when wards do not exceed twelve, then not more than double that 
number, 63. 

laws regulatiag affairs of wards, not to be local or special, 178. 
JRe-establishing Ward Limits. 

act relating to Commission, 66. 

Commission not to be governed by old lines, 67. 

should assembly fail, circuit court to appoint commission on peti- 
tion of ten citizens, 67. 

petition to be verified, 67. 

petition to state that ward lines have not been changed for five years^ 
67. 

petition to state that wards are not nearly equal, 67. 

Commissioners to be sworn, 67. 

shall receive a reasonable compensation, 67. 

to file report within ninety days, 67. 

municipal assembly to re-establish ward limits, 68, 202. 

to be laid out so as to have similar number of voters, 202. 

certain boundaries to remain unchanged, 202. 
WASTE. See Injury to School Lands. 
WASTED. 

interest of schools shall not be wasted, 6. 
WASHINGTON UNIVERSITY. 

agreement with, 46. 
WASHINGTON'S BIRTHDAY. 

a holiday, 172. 

WEAPONS. 

in school room, 168. 

penalty for, 169. 
WEEK. See School Week. 

WHARFAGE. See Taxation of Boats and Vessels. 
WHITE MALES. See Free White Malks. 
WILLFULNESS. 

director liable for, 8. 
WILL. 

meaning of, 156. 
WORSHIP. 

property used for religious, exempt, 106. 
WRITTEN, IN WRITING, WRITING WORD FOR WORD. 

meaning of, 156. 

YEAR. See School Year. 

meaning of, 156. 
YEAR OF OUR LORD. 

meaning of, 156. 



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